GUILTY CA - Gregory Haidl, Kyle Nachreiner & Keith Spann for gang rape, Corona de Mar, 2002

DNA Solves
DNA Solves
DNA Solves
LovelyPigeon said:

Teens in a 'Sexplosion'? Or Is It All Just Talk?
Lawyers defending three youths in an O.C. rape case say the group sex was consensual and that it's common. Experts and teenagers disagree.

By Claire Luna and Kimi Yoshino, Times Staff Writers


Defending three young men accused of gang-raping a teenage girl in a high-profile Orange County trial, attorneys not only say the sex was consensual, but also have an argument sure to chill the heart of any parent: These days, this kind of thing goes on all the time.

"This wasn't an isolated incident," said lead defense attorney Joseph G. Cavallo. "We feel the jury will understand this behavior didn't just exist on this particular night, but exists among teenagers across the country."

But psychologists, school counselors and teens themselves say otherwise.

And at least one long-running scientific survey backs them up, showing that high school students are less likely to say they have had sex, unconventional or otherwise, than they were a decade ago.

Among teens, "talk is bigger than actual action," said Newport-Mesa School District counselor Laurie Rybaczyk.

To be sure, popular culture offers plenty of evidence to support the defense contention: Provocative images of teen sex are common. Youth clothier Abercrombie & Fitch depicted naked young people in its 2003 Christmas catalog in a layout labeled "Group Sex."

Designer clothes bearing "Pornstar" logos are hip among high school girls. Teen heartthrob Britney Spears sings of masturbation in "Touch of My Hand."

But images are one thing, teens say — reality is something else.

"I want guys to notice me," said one 17-year-old girl shopping last week at South Coast Plaza — wearing shoes sporting the Playboy logo. "But I don't want guys to look at me and think, 'Hey, I wonder how long it will take to get her in bed.' "

Issue Raised Early

The issue came up early in the Orange County trial. Defense lawyers argue the girl was a willing participant in unconventional sexual behavior that they contend has become popular among teens.

The jury will be asked to determine the guilt or innocence of three teens: Gregory Scott Haidl, the 18-year-old son of Orange County Assistant Sheriff Don Haidl, along with Kyle Joseph Nachreiner and Keith James Spann, both 19.

Each faces up to 55 years in prison if convicted of raping the then-16-year-old girl and sexually assaulting her with a pool cue, a Snapple bottle and a lighted cigarette in Don Haidl's Corona del Mar home.

Prosecutors say the boys drugged the girl unconscious, but defense lawyers believe the girl feigned blacking out and was awake the whole time — as if she were an actress in a kinky sex scene.

The girl, known in court only as Jane Doe, "is a girl with no morals, a girl out of control, a girl who is subject to what society has to deliver to our teens today," Cavallo said in his opening statement.

It's unclear how far the defense will go to prove its point that unconventional sex is common among teenagers. Much of their case so far has focused on trying to destroy the credibility of Jane Doe.

But in his opening statement, Cavallo, portraying the defendants as ordinary young men, stressed his contention that Internet *advertiser censored* and graphic television shows inspired the teens to do what many others nationwide might do: "engage in a four-way sexcapade."

Cavallo says he intends, at a minimum, to raise the issue again in his closing statement.

Defense witness Melissa Matsumoto, 18, a former friend of Jane Doe's who testified against her, offered some support for Cavallo's argument.

She said in an interview outside court that she knows both girls and boys who engage in group sex or film homemade *advertiser censored* to get attention.

"It's for the shock value," Matsumoto said. "You want to do something to make sure people are talking about you. There's a competitive aspect of wanting to outdo other people and outdo yourself."

On the surface, it makes sense. In the last several years, pop culture has experienced a "sexplosion," with sex becoming mainstream through edgy television like "Sex and the City" and provocative advertising, said Amanda Freeman, vice president of Youth Intelligence, a youth market research consulting and trend forecasting company.

"There is more permission for brands to push the envelope with sex and with sexual imagery because violence is the new taboo," Freeman said. "Violence is bad, but sex is OK as long as it's safe sex."

And it's not just old-fashioned sex between a man and a woman in the privacy of their bedroom.

She noted an episode of the popular teen drama "The O.C." in which characters on New Year's Eve end up at a "key party." Partygoers drop their keys or watches into a bowl, then go home with the person whose keys they draw.

No Direct Evidence

But there's no evidence the trend is anything more than a big tease, she acknowledged.

While teens are wearing skimpy tank tops with the "Pornstar" designer logo, she said, "wearing sexy clothes isn't translating into their sexual behavior."

Lynn Ponton, a psychiatrist who specializes in adolescents and author of "The Sex Lives of Teenagers," agrees, citing statistics from the federal Centers for Disease Control and Prevention.

In 1991, more than 54% of high school students responding to an annual survey said they had had sex.

Twelve years later, the number dropped below 47%. The percentage of teens saying they had had four or more sexual partners dropped from nearly 19 to about 14.

As for the notion that teenagers are commonly having sex with more than one partner at a time, "There's no reason to believe that group sex is more common than it had been 10, 20 years ago — none," Ponton said.

Though the idea is pushed by marketers and entertainment media, "those images are misleading and teenagers get furious about them. They look at MTV and a girl undressed and sleeping with four guys and they say, 'Boy, is that misleading.' "

Many teenagers questioned last week at South Coast Plaza agreed.

"I haven't had sex. It's not my thing," said a high school junior who lives in Costa Mesa, who asked that she not be named. "I'm 16 years old. I want to save it for a long time."

The 17-year-old sporting black mules with a Playboy logo said she regrets the one time she had sex with her boyfriend of six months.

"I believe that sex is for marriage, and we just got carried away," she said. "I told one of my friends, and she just about killed me."

Word may be filtering up to marketers. The trend of featuring teen sex in advertising and entertainment is fading fast, Freeman said.

"It's the backlash to the sexplosion," she said. People are already asking if society has gone too far, decrying Janet Jackson's breast-baring Super Bowl halftime performance and shock jock Howard Stern.

http://www.latimes.com/news/local/state/la-me-teensex30may30,1,1847894.story?coll=la-news-state

Sky

The louder he talked of his honor, the faster we counted our spoons.
Ralph Waldo Emerson (1803 - 1882)

All posts by Sky are posted as MY OPINION!!
 
Sky - Thanks for all the updates. I just heard the trial is being delayed a week due to an auto collision with Gregory Haidl driving and a passenger being ejected and killed. I missed most of the broadcast and am not sure I heard this right. I hope you will have something to post on this....
 
I wonder if the "sweet caring" boy was drunk at the time? And if so, will he be charged with vehicular homicide?
 
Oh, what a development - shame about the person ejected from the car and killed, how horrible :(

I will see if I can find anything on the accident as well.
 
Hi Snorky~

I haven't been able to find anything about a wreck, or any trial update for that matter. I am interested to see how this case turns out. Such a sad story....

Any luck by you, Cass?

Sky
 
Still can't find an article. I had heard this on KFI yesterday but only caught the tail end. I couldn't access OC Register online but I have the paper at home but forgot to bring it to work. I will check when I get off work.
 
Ok, here's the latest:

O.C. Rape Jury Won't Hear Ex-*advertiser censored* Actress' Testimony

By Claire Luna, Times Staff Writer

A former adult film actress will not be allowed to testify in a high-profile Orange County rape case that footage of the incident was consistent with amateur *advertiser censored*, a judge ruled Wednesday.

Lawyers for one of the three defendants in the July 2002 case had wanted to call Sharon Mitchell as a witness to rebut the testimony of a narcotics expert who said the girl on the video appeared to be drugged.

In a hearing before Orange County Superior Court Judge Francisco P. Briseño, Mitchell said the 21-minute video contained several hallmarks of a typical *advertiser censored* production. "All in all, I thought this was a very amateurish attempt at making a *advertiser censored* film," said Mitchell, who said she appeared in nearly 2,000 adult movies.

Briseño said the defense had not shown cause to bring Mitchell in front of a jury. He added that her testimony about what the tape depicts seemed unnecessary. "This is something the jury can make their own individual determination on," the judge said.

http://www.latimes.com/news/local/la-me-haidl3jun03,1,6723723.story?coll=la-headlines-california

Sky
 
Thanks Sky~ That clears it up for me. I hate getting it wrong and thought I wasn't right. :banghead: I knew you would come to the rescue. Keep us posted!
 
ORANGE COUNTY
Defense Seeks Mistrial in Gang-Rape Case
Attorney representing one of the defendants in videotaped incident says prosecutors prejudiced the jurors while questioning a witness.

By Claire Luna, Times Staff Writer


Prosecutors in Orange County's gang-rape case said Thursday they were within their rights to ask a witness if she had a "social relationship" with a defense lawyer — a question that prompted one defendant to ask for "drastic sanctions" against the prosecution and another to request a mistrial.

The trial of three young men accused in the videotaped incident is scheduled to resume next week. But the two sides have filed a flurry of motions this week over procedural issues.

Charged in the case are Gregory Scott Haidl, 18, along with Kyle Joseph Nachreiner and Keith James Spann, both 19. Each faces up to 55 years in prison if convicted of raping an unconscious 16-year-old girl — known as "Jane Doe" in court — in July 2002.

The issue over the questioning of a defense witness arose last week when Deputy Dist. Atty. Dan Hess asked Vanessa Obmann if defense lawyer Joseph G. Cavallo had offered her an internship or had a "social relationship" with her.

The defense called Obmann and other former friends of Jane Doe to testify in an effort to cast doubt on the alleged victim's credibility.

Cavallo, who denies there is any truth to the prosecution's suggestions, on Wednesday asked the judge to sanction Hess. A second defense attorney asked the judge to declare a mistrial.

On Thursday, each side had the chance to argue the issue. Hess presented evidence to justify asking the question: A taped telephone conversation between Obmann's hairdresser, Jessy Heidt, and Heidt's boyfriend, a Riverside County jail inmate and one of Cavallo's other clients.

On the tape, Heidt said Obmann told her that she often visited Cavallo's office and that she had wanted to fix the lawyer up with her mother. She also said that she planned to intern at his law office. Prosecutors did not say how the recorded conversation came to their attention.

Outside court, Cavallo, who represents Haidl, didn't deny the jail conversation occurred. But he contended the story must have started as a joke between Obmann and Heidt. "It was probably said joking around between the two girls," he said.

Arguing for a mistrial over the issue, Nachreiner's lawyer, John D. Barnett, said the prosecution's insinuation has tainted his client by implying to the jury that all of the defense attorneys are "dirty."

"Aspersions cast upon one lawyer extend to the others," Barnett said. "When one lawyer's conduct is questioned, then we can't be effective before the jury."

The prosecutor can't contend that the suspects both used force and raped an intoxicated person, defense lawyers said. The force charges carry mandatory prison terms, so, if they are dismissed, the suspects could be given probation even if convicted on all other counts.

http://www.latimes.com/news/local/la-me-haidl4jun04,1,7182477.story?coll=la-headlines-california

Sky

Opinion: A belief or conclusion held with confidence but not substantiated by positive knowledge or proof.
from www.dictionary.com
 
Defense in Rape Case Calls Girl's Parents to Stand
Lawyers in the Orange County trial seek to impeach the alleged victim's credibility by showing conflicts in testimony.

By Claire Luna, Times Staff Writer


In an unusual strategy, lawyers for three defendants in a high-profile Orange County gang-rape trial called the alleged victim's parents to testify Monday as part of a continued campaign to damage her credibility.

A video expert who said a tape was doctored and a narcotics expert who contends he cannot tell if the girl was drugged also testified as the trial entered its fifth week of testimony.

Gregory Scott Haidl, 18, and Kyle Joseph Nachreiner and Keith James Spann, both 19, are charged in the case. Each faces up to 55 years in prison if convicted of raping the allegedly unconscious 16-year-old girl — known as Jane Doe in court — one night in July 2002 at the Corona del Mar home of Haidl's father, an Orange County assistant sheriff.

All four teens lived in Rancho Cucamonga at the time, although the younger Haidl has since moved to Orange County.

Defense lawyers asked Jane Doe's parents about their daughter's version of events that night, when she contends that Nachreiner gave her a mixed drink and that she remembers nothing else until the next morning. As the prosecution's key evidence, a videotape allegedly shows the three boys raping the girl and sexually assaulting her with a pool cue and bottle, among other objects.

Several of the parents' statements clash with their daughter's testimony, Gregory Haidl's lead lawyer, Joseph G. Cavallo, said outside court. For example, he said, the girl testified that she didn't remember anything before waking up at Spann's house the morning after the alleged rape. But her mother testified Monday that her daughter told her she recalled telling Spann to pull over on the freeway because she had to go to the bathroom.

Jane Doe's father testified that his daughter told him shortly after the incident that the videotape had two sex scenes: the alleged rape and a consensual encounter with Spann the week before. Cavallo said outside court that this undercuts the girl's testimony that she was unconscious and had no immediate knowledge that the alleged rape had been videotaped.

"She has to be aware of what happened to know that she was on the video twice instead of just once," the lawyer said.

http://www.latimes.com/news/local/orange/la-me-haidl8jun08,1,6190474.story?coll=la-editions-orange

Sky
 
Thanks Sky ~ Well I guess she is losing the last of what little credibilty she had.
 
Haidl, Two Others Accused Of Gang Rape Forego Chance To Testify

POSTED: 7:26 pm PDT June 8, 2004
UPDATED: 7:36 pm PDT June 8, 2004

LOS ANGELES -- Three young men on trial for allegedly gang raping and videotaping an unconscious teenage girl indicated Tuesday they will forgo their chance to testify, but still left open the possibility of taking the stand.

The defendants are accused of raping "Jane Doe" on July 6, 2002 at the Corona del Mar home of multimillionaire Assistant Sheriff Don Haidl, who was away at the time.

Gregory Scott Haidl, 18, the younger son of the assistant sheriff, and Kyle Nachreiner and Keith Spann, both 19, could face up to 55 years behind bars if convicted of all the counts against them.

At least one of them -- defense attorney Joseph Cavallo never said which -- was expected to testify Wednesday.

But late Tuesday afternoon the younger Haidl and the other two formally waived their right to testify.

Still, the defense did not close the legal door completely.

"They waived it for the time being," Cavallo said. "After today's testimony, we took a close look and we don't feel the testimony of the defendants" is essential.

The young men have the option of changing their minds before the defense rests its case Monday, Cavallo said.

He said today's testimony by Dr. Harris Fisk, a neurologist who teaches at the University of California Los Angeles, backed up the defense contention that the now-18-year-old woman was feigning unconsciousness and was a willing sexual partner with the three defendants.

The prosecution contends Doe was given a beer, marijuana and a date-rape type drug in a drink, which caused her to pass out and enabled the teens to have their way with her.

Fisk described for the jury levels of consciousness, ranging from alert, lethargic, stupor and coma. Fisk testified that Doe fluctuated between alert and lethargic.

Under cross-examination by Deputy District Attorney Dan Hess, Fisk acknowledged that he had not watched all the videotape -- including parts where Doe is slapped and is penetrated by objects but does not react.

Cavallo said that, according to testimony, levels of consciousness do not vary through several levels on an "in and out" basis.

According to reports, Fisk said Doe "was higher than stupor, capable of using judgment, aware of her surroundings."

Fisk also testified that he saw evidence that Doe controlled her body.

Cavallo said the defense will call two doctors to the stand Wednesday who examined Doe on July 6 and July 9, 2002, and a rectal expert.

The defense will probably rest their case Monday, at which time the prosecution is expected to call rebuttal witnesses.

So far, Greg Haidl has made only one public comment about the case.

http://www.nbc4.tv/news/3397773/detail.html

Sky
 
ORANGE COUNTY
Rape Trial Testimony: Girl Looked Conscious
In the case against a sheriff official's son and two others, a neurologist interprets video footage.
By Claire Luna, Times Staff Writer


The alleged victim in a high-profile Orange County rape trial appeared conscious in video footage purported to show three boys sexually assaulting the girl, who was 16 at the time, a neurologist testified Tuesday.

Prosecutors have contended the girl was unconscious, but defense witness Dr. Harris Fisk said several of her movements required conscious control of her body and revealed she knew what was going on around her. Like the defense attorneys, he contended the girl was faking unconsciousness.

"No one can refute someone who says they don't remember," he said, adding later, "She appears to be at a lower level of consciousness than she actually is."

Defendant Gregory Scott Haidl, 18, along with Kyle Joseph Nachreiner and Keith James Spann, both 19, each face up to 55 years in prison if convicted on all 24 counts.

They are accused of raping the girl and sexually assaulting her with a pool cue, bottle and other objects late one night in July 2002 at the Corona del Mar home of Haidl's father, Don, an Orange County assistant sheriff. All four teens lived in Rancho Cucamonga at the time.

Defense attorneys have contended the girl was a willing partner in the encounter. The girl, now 18 and called Jane Doe in court, has testified that she does not remember what happened that night shortly after Nachreiner gave her a drink.

A prosecution witness has testified that the girl's behavior on the video indicated that she was under the influence of the "date rape" drug GHB, but on Tuesday, Fisk disagreed.

Fisk guided jurors through a DVD that contained excerpts from the 21-minute video of the alleged rape, stopping at points where he said Jane Doe pushed her hair back from her face, repositioned her legs or raised her arms to touch one of the boys.

While maintaining that the girl was conscious, Fisk acknowledged that at times she appeared lethargic, perhaps because of alcohol or drugs.

During cross-examination, prosecutor Dan Hess asked Fisk why he didn't include in his DVD the scene in which Jane Doe raises her arms to her chest after one of the boys pinches her. Her protective reaction to pain but to little else suggests she was unconscious, Hess contended.

Fisk said the girl would not have responded to such a stimulus at all if she had been unconscious. The doctor did acknowledge that during portions of the full tape, Jane Doe could have been unconscious. "There are clearly areas where she could have been," he said. But most of the tape, he said, indicates she was lethargic "at worst."

http://www.latimes.com/news/local/la-me-haidl9jun09,1,1476254.story?coll=la-headlines-california

Sky
 
THE REGION
Alleged O.C. Gang-Rape Victim Called Act Consensual, Doctor Says
By Claire Luna, Times Staff Writer

An urgent-care doctor testified Wednesday that the alleged victim in a high-profile Orange County gang-rape trial requested the morning-after pill after her encounter with the three defendants, telling the physician that she had had consensual but unprotected sex.

Defense lawyers said the testimony damages the girl's contention that she did not remember the incident and did not consent.

"She got caught in another lie," defense attorney Joseph G. Cavallo said outside the courtroom about the girl, who was 16 at the time of the alleged rape in July 2002.

Cavallo is the lead lawyer for Gregory Scott Haidl, 18, who — along with Kyle Joseph Nachreiner and Keith James Spann, both 19 — faces up to 55 years in prison if convicted. All four teens lived in Rancho Cucamonga at the time, but the incident took place at the Corona del Mar home of Haidl's father, Orange County Assistant Sheriff Don Haidl.

Prosecutors say a video the defendants made of the incident shows them raping and using objects to sexually assault the girl, who appears to be unconscious on the tape.

Dr. Elvira Whiteford, who at the time was an urgent-care physician at a Kaiser Permanente facility in Fontana, was one of several witnesses defense attorneys have called in their drive to challenge the credibility of the girl, now 18 and called Jane Doe in court.

Whiteford testified Wednesday that she performed a pelvic examination on the girl the day after the incident and found no injuries.

The doctor said that she had asked the girl if she had been sexually assaulted.

Whiteford's notes from the exam indicated that Jane Doe "denies rape — willing partner," Whiteford said.

http://www.latimes.com/news/local/state/la-me-haidl10jun10,1,3053891.story?coll=la-news-state

Sky
 
Sky~ Someone told me the defense rested? Do you have any updates available?
 
12 hours ago:

ORANGE COUNTY
Gang-Rape Trial Lawyers Cry Foul
A key videotape should be thrown out because the prosecution handled it, the defense argues.

By Claire Luna, Times Staff Writer


Trying again to gut the prosecution's case, defense lawyers in a high-profile Orange County gang-rape trial protested Monday that a videotape of the alleged incident should be excluded as evidence because it could have been tampered with last week.

Deputy Dist. Atty. Dan Hess acknowledged in court that, without the judge's authorization or supervision, he and a video expert viewed the footage Wednesday afternoon to test the defense team's contention that the tape is a doctored copy. A district attorney's spokeswoman later said there was nothing unusual in that procedure.

The tape is the prosecution's key evidence in the trial of three young men accused of raping a young woman who was then 16 and allegedly unconscious.

"It's inappropriate to be conducting experiments on evidence in this case," said attorney John D. Barnett, who represents Kyle Joseph Nachreiner, now 19, outside court Monday. "If the defense wanted to take the tape home for the night, nobody would stand for that. And we won't stand for this."

Nachreiner, along with Gregory Scott Haidl, 18, and Keith James Spann, 19, faces up to 55 years in prison if convicted on all counts. They say the encounter at the Corona del Mar home of Haidl's father, a top official in the Orange County Sheriff's Department, was consensual.

On Wednesday, Orange County Superior Court Judge Francisco P. Briseño will hold a hearing on the defense motion to exclude the video. He will probably call the video expert, Hess and court personnel to testify as to what happened.

Hess said in court Monday that he and video expert Brad Hagen privately viewed the tape in the court's jury room for 10 or 15 minutes Wednesday. "He watched it and handed it back to me, and I put it back into evidence," Hess told the judge.

There was nothing improper about the prosecutor's actions, said Deputy Dist. Atty. Susan Kang Schroeder, a spokeswoman for her office. Evidence is permitted to be seen anytime inside the courtroom, she said.

"We look at evidence every day," Schroeder told reporters outside court. "It's no different than going in and looking at a picture." She also denied it had been doctored, on Wednesday or any other time.

"Their theory is that the tape was altered [to begin with]," she said of the defense. "Now they're saying we altered it to make it look unaltered. It doesn't make any sense."

Defense attorneys have contended that several minutes of the footage were erased between the time Haidl filmed the encounter and when a tape was turned over to police. A defense expert testified that freeze frames near the end of the 21-minute video proved that the tape in evidence is an altered copy. The prosecution says the tape is the camera original.

Hagen, a prosecution rebuttal witness, has been asked to testify about the reason for freeze frames.

http://www.latimes.com/news/local/state/la-me-haidl15jun15,1,5347661.story?coll=la-news-state

Sky
 
I'm leaving town on Thursday morning and won't be back until sometime on Monday. Normally I check for updates every day, and post if there are any, but won't have access to a computer during those days. So, unless someone else posts the updates for thurs and fri, I will do it as soon as I get back. But, this is the first update in several days, so there might not be much to post anyway. I'll still check tomorrow, wednesday, though.

Hi Snorky!

Hope everyone is having their best day ever!

Sky
 
Sky said:
I'm leaving town on Thursday morning and won't be back until sometime on Monday. Normally I check for updates every day, and post if there are any, but won't have access to a computer during those days. So, unless someone else posts the updates for thurs and fri, I will do it as soon as I get back. But, this is the first update in several days, so there might not be much to post anyway. I'll still check tomorrow, wednesday, though.

Hi Snorky!

Hope everyone is having their best day ever!

Sky
Sky ~ Enjoy your time away. If you tell me where you get your updates online, I will try to do it for you while you are gone. I always love that you get the information to this thread. Thanks for all your help!
 

Members online

Online statistics

Members online
201
Guests online
1,741
Total visitors
1,942

Forum statistics

Threads
599,989
Messages
18,102,374
Members
230,961
Latest member
HisMedusa
Back
Top