Judge Thomas J. Whelan's quote, saying there was no one declared deceased during the trial

Excerpt from CAGES, Author's Note:

As a matter of fact, the alleged murder victim had not even been declared deceased during the trial, as the judge pointed out to his jury, “Ladies and gentlemen, in the last question Mr. Dusek asked, he mentioned that the—Melanie May, in this case, is deceased. That’s a fact for you to decide. It’s inappropriate for him to put that in the question…whether or not Miss May is in fact deceased or not, because that’s something for you to decide.” --Judge Thomas Whelan quote, Trial Transcript p. 4661, lines 16-18

The most important point of the defense’s closing argument was that the defendant was left having to prove herself Innocent against evidence that was never recovered and was denied to have existed by half the witnesses; “Theories are not evidence.” That was weighed against the district attorney’s assurance to the jury that his case added up to a torture and death.

No Victim Established in Day 6 of the Trial

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
      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?