Dally Case Lawyers Argue Over Access to Letters

A series of letters written by accused murderer Michael Dally to his jailed girlfriend, Diana Haun, may contain additional evidence in their case and should be turned over to the prosecution, attorneys argued in court Monday.

But defense attorneys, concerned about releasing possibly privileged information, urged Superior Court Judge Frederick A. Jones to delay a ruling on the matter until they can determine the content of the sealed documents.

The letters, given to the court by Deputy Public Defender Neil B. Quinn recently, have been sealed from both the attorneys and the judge. And their significance--if any--remains a mystery.

But before proceeding to trial this month, prosecutors said they want to know what the letters say and how they might affect the case.

“I think we do have a right to that batch of letters,” Deputy Dist. Atty. Michael Schwartz argued in court Monday, referring to the thick yellowish envelope in the judge’s hands.

Quinn, however, said that the prosecution should not be entitled to review Haun’s personal papers, including any letters she may have received while incarcerated.

“She has a legitimate right to privacy--that the D.A. will not be snooping, for lack of a better word,” Quinn argued.

Although defense attorneys have not carefully reviewed the documents, Quinn said there is no evidence to suggest that the letters contain information in support of the charges.

But Deputy Dist. Atty. Lela Henke-Dobroth said that such a conclusion should not be made without allowing prosecutors an opportunity to see the documents.

The letters represent correspondence between co-defendants awaiting trial on murder and conspiracy charges and are more significant than simply a letter from a relative, she argued.

“These are not privileged items,” she said. “These are items of evidence that the public defender had enough concern about to give them to the court.”

Before ruling on the issue, Jones asked Haun’s attorneys to review the documents in the sealed envelope and compile a log detailing their length and number.

If Haun’s defense team determines that there are no privileged documents, such as letters protected under her attorney-client rights, then Jones will read the documents and decide if they should be given to the prosecution, he said.

Dally and Haun are charged with murder, kidnapping, conspiracy and related allegations in connection with the slaying of Dally’s wife, Sherri, last year.

Prosecutors obtained search warrants to look for a particular letter and other personal papers kept by Haun. Around the same time, Quinn turned over letters in his possession to the judge.

During their court hearing Monday, Jones decided that documents seized from Haun’s cell, such as a diary, were confidential and should not be turned over to the prosecution.

But the judge did agree to allow the prosecution access to the letter from Dally seized during a search of Haun’s cell on May 14.

Defense attorneys had sought to suppress the letter and argued that the search was too broad.

But Jones ruled in favor of prosecutors, who said they sought the letter on the grounds it may contain evidence of a crime.