Haun Jurors Raise Query on 4th Day of Deliberations

For a fourth day, jurors in the Diana Haun murder trial continued their deliberations after posing an intriguing question that could create problems for prosecutors, but also may signal that the jury believes the defendant played an active role in the killing.

Does first-degree murder require the defendant to inflict the lethal blows herself, as prosecutors argue in this case, or can someone who assists in a killing be convicted of first-degree murder, the jury asked.

The 36-year-old grocery clerk is accused of fatally stabbing and beating the wife of her longtime lover, Michael Dally. But defense attorneys argue she only played an unwitting role in the killing.

Judge Frederick A. Jones told the jury Thursday that an accomplice can be found guilty of first-degree murder if the jury finds a defendant intended to help in a murder.

Specifically, Jones said the jurors must find that someone else committed the killing and that it was done with malice. They must also find that the defendant had knowledge of the other person’s intent, encouraged the killing, and did so with an intent to kill.

Lawyers were split on what the question could mean for Haun.

It could be a bad sign for the prosecution, veteran trial attorney George Eskin said.

“First of all, it is always dangerous to speculate on the significance of a question from a jury,” Eskin cautioned.

“However, I am going to go out on a limb here and say this is a very troubling question,” he said. “It suggests that the jury is speculating about a state of evidence that was not presented to them.”

The prosecution’s theory is that Haun disguised herself, abducted Sherri Dally and then stabbed her to death inside the Nissan Altima she had rented a day earlier.

Eskin, a former prosecutor and retired defense attorney, said the jury’s question veers from the evidence presented at trial to bolster that scenario.

But Westlake attorney J. Grant Kennedy, who has also closely followed the case, said the question might help prosecutors.

“It certainly does indicate that they are coming in with something against her, that there is a feeling of guilt but that they are just trying to decide to what degree,” Kennedy said.

Ventura lawyer Richard Loy maintained the question could be problematic for both sides.

“It’s a 50-50,” Loy said. “It doesn’t mean they were buying the prosecution’s theory entirely, but they weren’t buying the defense theory entirely either.”

Haun is charged with murder, kidnapping and conspiracy as well as two special circumstance allegations that make her eligible for the death penalty if convicted.

Michael Dally is also charged in his wife’s slaying. He will be tried after Haun.

The jury--chosen two months ago--asked no other questions on Thursday and is expected to return this morning for further deliberations.