The true documented story of Kerry Lyn Dalton's trial is available again here in ebook form and here in paperback
Monday, January 13, 2020
Friday, January 10, 2020
Kerry Lyn Dalton California Supreme Court Opinion
At first glance, it seems Kerry Lyn Dalton has had her sentence reduced to 25 to life, however, as you read the Justices' list the fact is Kerry Lyn remains under the third count conviction for murder qualifying her to the death sentence, which was imposed by the trial jury.
The Justices state, "we vacate as unauthorized the death sentence imposed on the conspiracy to commit murder. We further vacate the lying in wait special-circumstances true finding." The justices found no facts supporting either of these counts (charges).
They finish with, "We affirm the judgement, as modified, in all other respects."
This was confusing to everyone, even the OSPD who represent Ms. Dalton.
The bottom line is; the justices removed two of the three counts against Kerry Lyn. The third one still qualifies her for the death penalty. Kerry Lyn remains on death row in CA, fighting for her life.
Her case is now at the State Habeas Corpus level. The Justices chose to send her case back to the original court, San Diego, to have that court review their own work, the trial in 1995. This is a new situation for CA, a result of Prop 66 (2016), they have the option of sending cases to their county of origin.
The Habeas review is meant to include ALL information, evidences, findings, reports, opinions, etc, having any bearing on this case and or trial. At this point the S.D. court has received all the same documents from the Auto Appeal, and the OSPD's Habeas file.
As far as we can determine, there is NO forensics report for the defense. A professional forensics expert can evaluate the evidence and create a factual report with a theory as to whether or not the accusations line up with FACTS.
In this case, where there are No forensics at all, a professional expert report would be a light on the situation. How does this alleged type of murder, or any murder, occur without leaving evidence behind? Especially when the accusations involve four meth addicts?
The jury claimed they convicted based on the type of crime this was. Where is the evidence of ANY Crime? There isn't any.
Remember, Judge Thomas J. Whelan told the jury the prosecutor could NOT use the terms murder or victim, he said the jurors would be deciding IF there was a crime. This during a capital trial? That doesn't sound possible in the U.S.A.
Why is it taking so long to process Kerry Lyn's case? Could it be some people do not want the TRUTH to be revealed?
No One deceased during a murder trial, and No death certificate for Irene Louise May even today.
We should all be concerned, and questioning our "system".
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