Kerry Lyn Dalton

Case overview

Kerry Lyn Dalton was convicted and sentenced to death for the 1988 torture and murder of Irene Melanie May in San Diego County, California. Dalton believed May had stolen her jewelry. Dalton was sentenced to death on May 23, 1995.

Background

On June 26, 1988, Dalton’s ex-roommate, Irene Melanie May, was murdered at the Live Oaks Springs Trailer Park. At the time, May was tied to a chair in JoAnn Fedor’s trailer. Fedor was not present.

Dalton injected battery acid into May with a syringe. Co-defendant Sheryl Baker hit May with a cast iron frying pan. Baker and another co-defendant, Mark Tompkins, then stabbed May to death. Later, Tompkins and a fourth individual, who was only identified as “George,” disposed of May’s body, which was never found.

Before she died in 1988, Irene Louise May was beaten, stabbed, injected with battery acid and tortured with electric shocks.

The offence

May was beaten, stabbed, injected with battery acid and tortured with electric shocks. May was tied to a chair in JoAnn Fedor’s trailer. Dalton injected battery acid with a syringe, Baker struck May with a cast iron frying pan, and Tompkins stabbed May to death. The body was later cut up and the parts were buried on two Indian reservations to make it hard for police to obtain search warrants, with this described in testimony relayed in court.

Dalton’s claimed motive in the death-penalty context was that she thought May had stolen her jewelry.

Investigation

A preliminary hearing was being held to determine if three defendants should stand trial on murder charges. Three people were arrested in a torture-murder case in which no body was found after they admitted and in several instances bragged about their roles in the crime.

In the court testimony described, Richard L. Cooksey, a district attorney investigator with the Metropolitan Homicide Task Force, testified that Mark Lee Thompkins, Kerry Lyn Dalton, and Sheryl Ann Baker implicated themselves in the murder in a mobile home in the isolated East County community of Live Oak Springs. Cooksey testified that, according to one of Thompkins’s acquaintances, Thompkins explained how the three planned to give May a fatal injection in retribution for stealing some items belonging to Dalton. Cooksey also described a statement given by Donald McNeely: the victim was given electrical shocks and then a skillet was used to smash her knees; the body was cut up and the parts were buried on two Indian reservations to make it hard for police to obtain search warrants, as quoted through McNeely.

Arrest

On October 28, 1992, three people were arrested in a torture-murder case in which no body was found. The accused named were Mark Lee Thompkins, Kerry Lyn Dalton, and Sheryl Ann Baker.

Trial

Parties and proceedings

At Dalton’s trial, which began in early 1995, Sheryl Baker was a prosecution witness. Mark Tompkins did not testify, but the prosecution presented statements by him through the testimony of one of his cell mates.

Charges and special circumstances

On November 13, 1992, the San Diego District Attorney filed an information charging Dalton, Tompkins and Baker with conspiracy to commit murder (§ 182, subd. (a)(1)) and murder (§ 187, subd. (a)). The information alleged two special circumstances:

1. Intentional killing while lying-in-wait (§ 190.2, subd. (a)(15))
2. Intentional killing involving the infliction of torture (§ 190.2, subd. (a)(18))

Verdicts

On February 24, 1995, the jury found Dalton guilty of conspiracy to commit murder and murder. The jury found both special circumstance allegations to be true.

A Jail Pen Pal letter addressed to “ConvictMailbag.com” included Dalton’s statements: “I must admit upfront- I'm on death row. I'm sure that's gonna scare off a few folks. Perhaps if you continue to read this, I can capture just a bit of your interest. First though. "my crime"? I've been convicted of a murder without not only a body, but also without any weapons, nor a crime scene. Now that I've said that, I will add, this is pretty foreign to me, 'running an ad', fronting myself off--that my burden is 'being lonely'. I've lived a very strong free and of course wild life (which naturally landed me here). Now! I've grown in a much different style. Still of strength but also, I've learned a great deal of respect, respect for all things, and all people. I never take what isn't mine, and live my life with honesty and truthfulness. I am still searching for myself, though I'm not looking for anybody to make my path for me. I wanna smile and laugh and have fun. I'm smart and pretty decent with serious conversations as well. Physically? I'm in very good shape. I'm kinda tall 5'8", yet small, only 126lbs. Every night I exercise and secretly dance. I love music, it's my great escape. When I was free, my greatest addiction was being a thrill seeker and although this holds no danger for me, it's atill a risk. I'll end with something Axle Rose sang, "I'm still alright to smile."”

Penalty phase and sentencing

Following the penalty phase, the jury returned a verdict of death. On May 23, 1995, the trial court sentenced Dalton to death.

Postconviction discovery proceedings (mandate)

Petition and procedural posture

In a mandate proceeding, Kerry Lyn Dalton, who was under a judgment of death, sought to compel the San Diego County Superior Court to grant various postconviction discovery requests in connection with her petition for writ of habeas corpus pending before the Supreme Court.

The case name appeared as: Dalton v. Superior Court of San Diego County Kerry Lyn Dalton, Petitioner, v. The Superior Court of San Diego County, Respondent; The People, Real Party in Interest. No. D057048. Filed November 23, 2010.

The opinion included:

• Penal Code section 1054.9 allowed persons sentenced to death or life in prison without the possibility of parole to file a motion for postconviction discovery to assist in seeking a writ of habeas corpus.
• After a trial court ruled on a section 1054.9 discovery motion, either party could challenge that ruling by a petition for writ of mandate in the Court of Appeal.

Dalton challenged the denial of 50 postconviction discovery requests, including 26 requests that were denied in part or effectively limited because the prosecution was required to disclose only material in the possession of the prosecution team. Dalton contended the court erred by defining the “prosecution team” too narrowly and by refusing to order disclosure of all materials in the pretrial discovery order made by the judge who presided at trial.

Timeline of dated events in the discovery litigation

• June 26, 1988 — Irene Melanie May was murdered at the Live Oaks Springs Trailer Park.
• November 13, 1992 — The San Diego District Attorney filed an information charging Dalton, Tompkins and Baker with conspiracy to commit murder and murder.
• July 1993 — Trials of the three codefendants were severed.
• July 1994 — Baker pled guilty to second degree murder; Tompkins pled guilty to first degree murder.
• Early 1995 — Dalton’s trial began.
• February 24, 1995 — The jury found Dalton guilty of conspiracy to commit murder and murder; special circumstances were found true.
• May 23, 1995 — The trial court sentenced Dalton to death.
• October 28, 1992 — Three people were arrested in the torture-murder case in which no body was found.
• December 7, 2009 — A habeas corpus petition was filed.
• June 25, 2009 — Dalton filed her postconviction discovery motion under section 1054.9 in San Diego Superior Court.
• March 8, 2010 — The motion court granted the postconviction discovery motion in part and denied it in part.
• March 29, 2010 — Dalton filed her petition for writ of mandate.
• May 21, 2010 — The appellate court issued an order to show cause.
• Filed November 23, 2010 — The Court of Appeal filed its decision.

Other factual details from the record

Victim family and related quoted material

Jillian Hansert was described as having been 5 when her mother was killed. The record included quoted statements from Jillian Hansert.

Jillian Hansert said: “It made me feel kind of sick,”

Jillian Hansert said: “Then I had to listen to her talk about how tough it was for her to be in prison,”

Jillian Hansert said: “She said her children don't come to see her. At least, that's their choice. I have no choice. She took that away from me.”

Jillian Hansert said: “They never asked me how I felt.”

Jillian Hansert also stated:

• “We'd be in the bedroom, kind of hiding, and I'd try to take care of them,”
• “My mother loved us,”
• “She was trying to stay clean.”
• “My mother loved us,”
• “My mother loved us,”
• “My mother loved us,”
• “My mother loved us,”
• “My mother loved us,”

The record further included these quoted statements:

Jillian Hansert said: “We'd be in the bedroom, kind of hiding, and I'd try to take care of them,”

Jillian Hansert said: “My mother loved us,”

Jillian Hansert said: “She was trying to stay clean.”

It also included:

Jillian Hansert said: “I came with a lot of baggage,”

Jillian Hansert said: “I love the family I have now.”

Jillian Hansert said: “I thought that was my job.”

Drug addiction reference

Irene May was described as addicted to drugs, and Jillian described trying to manage for food while her mother tried to stay clean.

Jenna? and newborn baby context

The record described that Jillian Hansert answered the door of her Colerain Township apartment with a newborn baby tucked in the crook of one arm. The baby’s name was Sarah, and her birthdate was stated as March 22. The record described that Jillian rubs her finger through the infant’s dark hair and stated the baby looked like her mother.

Jillian Hansert’s adoptive parents were identified as Steve and Cinda Gorman, co-pastors of Westwood First Presbyterian Church.

Her husband was identified as Charlie, described as a mechanic.

Jillian Hansert said: “It's hard, she says, to separate “what I really remember from what I've been told over and over.””

Outcome and procedural disposition in the mandate proceeding

The Court of Appeal disposition directed issuance of a writ requiring the superior court to:

1. Vacate its order of March 8, 2010; and
2. Enter an order directing the District Attorney of San Diego County to provide Dalton, within a reasonable time, the materials specified in the opinion that were currently within the possession of the prosecution team at a cost no greater than the direct cost of duplication.

In all other respects, the petition was denied.