DA DENIES INFLUENCING JURORS; BRADBURY REBUTS CHARGES STEMMING FROM DALLY INDICTMENT.

Byline: Jesse Hiestand Daily News Staff Writer

Facing allegations that his office had tampered with the Ventura County grand jury, District Attorney Michael Bradbury testified Thursday that neither he or other prosecutors had tried to coerce the panel into indicting suspects.

Bradbury, the county's chief prosecutor since 1978, challenged allegations by attorneys for murder defendant Michael Dally that he had threatened to withhold cases from the grand jury unless they indicted the suspect.

``Did I advise the grand jury that unless they indicted Mr. Dally that I would not submit any more indictment to them?'' the silver-haired prosecutor said from the witness stand. ``I did not make that statement.''

Bradbury originally submitted the Dally case to the grand jury last August, seeking to indict him on murder charges in the kidnap-slaying of his wife, Sherri. The panel declined to indict Dally, but did charge his lover, Diana Haun.

Bradbury testified that when he resubmitted the case in November, he told grand jury foreman George Billinger to make sure there were at least a dozen panelists who had considered the original indictment and who would be willing to hear the matter again. Twelve votes are needed to secure an indictment.

While defense attorneys suggested that Bradbury really wanted to know whether the grand jury was willing to indict Dally, the district attorney said he was weighing only whether they ``were willing to consider an indictment.''

``If they weren't, we certainly didn't want to waste our time,'' said Bradbury, who left the courtroom after his hourlong testimony.

Testimony by Billinger and Chief Assistant District Attorney Kevin McGee buttressed Bradbury's claims.

Those three witnesses and five grand jury members were called to testify by Superior Court Judge Frederick A. Jones, who launched an inquiry Wednesday into allegations of grand jury tampering.

These accusations were raised by grand juror DeShay Ford, who recently broke his oath of secrecy and told defense investigators that Bradbury, through Billinger, had pressured the grand jury to indict Dally.

Deputy Public Defender Neil B. Quinn said Bradbury was angry that the grand jury had declined to indict Dally last spring and also had failed to affirm all charges against accused cop-killer Michael Johnson.

Quinn led a defense bid Thursday seeking to drop all charges against Dally and some charges against Haun.

After hearing testimony and argument, Jones took the dismissal motion under submission and said he would rule on it this morning.

According to a court motion filed by Quinn, the grand jury ``was orchestrated to rubber-stamp'' the DA's wishes. Regular off-the-record communication between prosecutors and the grand jury allow prosecutors to influence the panel's proceedings, Quinn said.

``Here, the veil of secrecy has been lifted and what is behind it proves that not all paranoia is unjustified: Sometimes the grand jury system does indeed operate to deprive persons of their due process rights,'' his motion concludes.

But Deputy District Attorney Mike Schwartz argued that the defense had fallen far short of proving this conspiracy, which he said rested solely on Ford's mistaken interpretation of a conversation with his fellow grand jurors.

``This hearing started out with a bang with very serious allegations and ended with a whimper when (the defense) was unable to prove them,'' Schwartz said.