Retrial set for teens accused of gang-raping girl
By Samantha Murphy
Court TV
(Court TV) -- The retrial of three teens accused of gang-raping a 16-year-old girl at a Newport Beach, California, party is set to begin almost seven months after the first trial ended with a deadlocked jury.
The final round of jury selection is expected to begin this week at the Orange County courthouse.
On July 5, 2002, 17-year-olds Gregory Haidl, Kyle Nachreiner and Keith Spann videotaped themselves performing various acts on the girl, who is referred in court only as "Jane Doe." Some of the teenagers can be heard making lewd comments on the tape, laughing at times and using profanity to describe various sex scenes.
Prosecutors say the three San Bernardino natives, who were staying at the home of Haidl's father, waited until the alleged victim passed out from heavy alcohol consumption before filming the 21-minute sex video.
Haidl's father, Don Haidl, a wealthy businessman who was then serving as an assistant to the town sheriff, was not home at the time.
During last year's trial, prosecutors contended that the girl was seduced, manipulated, and given drugs and alcohol before passing out and being assaulted numerous times as she lay motionless on a pool table.
Defense attorneys described the teenage girl as a promiscuous and aspiring porn star who was acting out her fantasies and agreed to be videotaped.
Chief Assistant District Attorney Chuck Middleton said the retrial will focus on the alleged victim's unconsciousness rather than the actual videotape, which was emphasized in the first trial.
"A different approach will be taken this time around," Middleton said. "The victim's blood alcohol level was between 2.6 and 3.0, and although this is a very high level, it was not the main focus of the trial. The prosecution thought the video spoke for itself."
Defense attorney John Barnett, however, said prosecutors failed to make their case because they depended on a theory that the defendants spiked the alleged victim's drink with the "date-rape drug" GHP to further impair her judgment.
When experts refuted this theory during testimony, Barnett said, the issue only helped to divide the jury. In June 2004, jurors announced they were unable to reach a verdict.
For the retrial, prosecutors will present their case in a more straightforward way, Middleton said.
"There is a fine line between differentiating rape while intoxicated, rape with consent [statutory], and rape by force," Middleton said. "Because it was such a complex and media-frenzied case, it was very easy for the jury to become confused. We really want to make things really simple and clear to the jurors."
Middleton said the defense twisted the alleged victim's words in the first trial by claiming she was an "aspiring porn star."
"When the victim later saw the video, she said, 'Look, I'm a porn star.' But the defense turned it around with claims that she actually wanted to be one," Middleton said. "She was an 'A' student who just fell in with the wrong crowd, and she was very willing to do whatever to get in with them. And in this case, she just got in over her head."
Barnett, who represents defendant Nachreiner, agreed that the alleged victim drank heavily that night, but claims that she freely engaged in sexual acts with all three boys the previous night, July 4, 2002.
"Her friends saw her having sex in the pool in front of everyone," Barnett said. "She also slept with my client just five minutes after she met him."
The alleged victim and Spann were casually dating at the time.
At the beach house on July 5, Nachreiner offered the alleged victim a drink she readily accepted -- a 94-proof Bombay Sapphire Gin that she downed in a mere 10 minutes -- and soon passed out. The state claims the alleged victim had also smoked marijuana.
Although she consented to having sex with all three boys the night before, prosecutors claim she did not consent to any sexual acts on the night the tape was made.
Haidl has been arrested for marijuana possession in the past and now faces a statutory rape charge involving another 16-year-old girl he met at a celebration after the mistrial was announced, according to the local newspaper OC Weekly.
Haidl's doctor, Jeffrey Barke of Newport Beach, said his patient has become clinically depressed and suffers from post-traumatic stress syndrome. Barke's request to remove him from jail and into a proper mental facility was rejected on January 10, 2005.
Middleton said Haidl's present mental state should in no way affect the upcoming retrial.
Because all the defendants will be tried as young adults, they face sentences ranging from probation to 23 years in prison. The retrial is expected to last up to two months.
Middleton expects "Jane Doe" will file a civil suit for emotional damages if the defendants are found guilty.
"I'm sure more legal action will take place," Middleton said. "And I just hope she will be able to get past all this."
