DA DIDN'T PUSH JURY, JUDGE SAYS; ALLEGATIONS CALLED UNFOUNDED.

Byline: Jesse Hiestand Daily News Staff Writer

A Superior Court judge refused Friday to dismiss charges in a high-profile murder case, essentially clearing District Attorney Michael Bradbury of allegations that he coerced the grand jury to secure an indictment.

Judge Frederick Jones said the accusations by grand jury member DeShay Ford, used by attorneys seeking the dismissal of charges against Michael Dally, are unfounded.

``The court does not believe that Mr. Ford willfully testified falsely, but is instead of the opinion and conclusion that he did not then comprehend or does not now correctly recollect the comments of the foreperson or their purpose,'' Jones wrote in his one-page decision, released late Friday afternoon.

Ford had testified this week that the veteran prosecutor had pressured the grand jury to guarantee an indictment in the Dally case.

Ford had said Bradbury had met with jury foreman George Billinger in November, just days before they were to reconsider the Dally case, and implied that the panel would not receive any more cases unless it indicted the suspect.

Bradbury, who denied wrongdoing in testimony Thursday, did not return phone calls Friday.

Other attorneys in the case refused to comment, citing a gag order issued by the judge.

Coincidentally, Jones' order was released the same day as a report by the Los Angeles County grand jury in which it recommended the appointment of an independent counsel, expressing concern that the panel is merely a tool of the Los Angeles County District Attorney's Office.

Dally's attorney, Deputy Public Defender Neil Quinn, filed documents claiming that Ventura County prosecutors exerted a controlling influence over the grand jury, beginning with the background checks they perform on all prospective panelists.

Quinn's documents also claim that prosecutors developed close relationships with grand jurors and exerted control through off-the-record conversations.

Quinn said cracks in this relationship began to show in August 1996 while the grand jury was considering an indictment of Dally and his lover, Diana Haun, who are accused of conspiring to kidnap and kill Dally's wife, Sherri, three months earlier.

The grand jury indicted Haun but was undecided about Dally.

Two months later, while prosecutors were preparing more evidence against Dally, the grand jury failed to indict Michael Johnson on all charges in the slaying of sheriff's Deputy Peter Aguirre.

According to the defense theory, this incensed Bradbury, who decided not to accept the partial indictment and took the case instead to a preliminary hearing.

After that, Bradbury threatened not to take any more cases to the grand jury unless he would be guaranteed future indictments, Quinn said.

In testimony Thursday, Bradbury said he did meet with Billinger on Nov. 7 to inform him the Dally case might be brought back to the grand jury.

One condition was required, both Bradbury and Billinger testified: There needed to be at least 12 grand jurors willing to hear the indictment.

Defense attorneys contend this conversation went one step further, with the district attorney demanding that Dally be indicted this time.