IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
DEPARTMENT 21 HON. THOMAS J. WHELAN, JUDGE
IN AND FOR THE COUNTY OF SAN DIEGO
DEPARTMENT 21 HON. THOMAS J. WHELAN, JUDGE
CR NO. 135002 TRIAL
FEBRUARY 14, 1995
PEOPLE OF THE STATE OF CALIFORNIA,
VS
KERRY LYN DALTON,DEFENDANT.
REPORTERS' TRANSCRIPT OF PROCEEDINGS VOLUME 35
PAGES 3361 THROUGH 3517
APPEARANCES:
FOR THE PLAINTIFF:
JEFF DUSEK
DEPUTY DISTRICT ATTORNEY
22 0 WEST BROADWAY
SAN DIEGO, CALIFORNIA 92101
FOR DEFENDANT DALTON
ALEX LANDON AND
ELIZABETH MISSAKIAN
2442 FOURTH AVENUE
SAN DIEGO, CALIFORNIA 92101
MARY E. ROSS, CSR NO. 4100 GLORIA J. STERNER, CSR NO. 3876 SAN DIEGO SUPERIOR COURT OFFICIAL REPORTERS
3507
(Judge Thomas Whelan speaking) …FIRST, BY WAY OF FACTUAL BACKGROUND, I THINK THE RECORD IS CLEAR THAT NO BODY HAS EVER BEEN FOUND IN THIS CASE. THE RECORD IS EQUALLY CLEAR THAT THERE IS CIRCUMSTANTIAL EVIDENCE THAT THERE WAS A HOMICIDE. THERE'S ALSO CONFLICTING CIRCUMSTANTIAL EVIDENCE THAT IT MAY NOT BE A HOMICIDE; IN FACT, SHE MAY STILL BE ALIVE,…
MY REASON FOR MAKING THESE STATEMENTS IS TO ESTABLISH FOR THE RECORD THAT IN MY MIND THE CORPUS IS A LEGITIMATE ISSUE IN THIS CASE. IT'S NOT A RUSE THAT — THERE IS A LEGITIMATE ISSUE BEFORE THE JURY AS TO WHETHER OR NOT THERE'S — A CORPUS OF A HOMICIDE HAS BEEN ESTABLISHED.
(Whelan was addressing, in his own words, the need to establish)… MELANIE MAY, IS A VICTIM OF A HOMICIDE, AS VERSUS HAVING DIED OF NATURAL CAUSES OR SELF-INFLICTED WOUNDS OR ALIVE BUT OUTSIDE THE COUNTRY OR ALIVE BUT HIDING WITHIN THE COUNTRY.(Whelan referred to the missing person by her street name, not her legal name Irene Louise May.)
Six days into a capital case and it had not been established there was ever a murder – the "victim" had not even been declared deceased .
Can you find the trial transcripts and read them yourselves?
