ORANGE COUNTY
Rape Trial Expert: Teen Unconscious
'Use your common sense,' neurologist tells the jury. Previous specialist testified the girl was awake.
By Claire Luna, Times Staff Writer
Attempting to patch holes the defense may have punched in their case, prosecutors in an Orange County rape trial called a neurologist Tuesday to testify that the alleged victim was clearly unconscious.
"She looks like a rag doll," Dr. Peter Fotinakes said while watching in court a videotape that the prosecution says shows the three defendants raping a 16-year-old girl and sexually assaulting her with various objects.
Charged in the July 2002 incident are Gregory Scott Haidl, 18, and Kyle Joseph Nachreiner and Keith James Spann, both 19. Although all three teens and the girl lived in Rancho Cucamonga at the time, the incident took place at the Corona del Mar home of Haidl's father, a top-ranking Orange County sheriff's official.
A neurology expert called by the defense told jurors June 8 that the girl's actions in the video raising her arms and brushing back her hair, for example illustrated her alertness.
On Tuesday, Fotinakes said her movements were not as purposeful as the earlier witness made them seem. Her arms were flaccid when she lifted them, and her head kept flopping to the side, he said.
Prosecutors have said that the defendants gave the girl an alcoholic drink laced with the date-rape drug GHB or a similar substance to knock her out.
Defense lawyers have countered that the girl now 18 and called Jane Doe in court was faking unconsciousness and that the encounter was consensual.
After reviewing the 21-minute tape, Fotinakes addressed the jurors directly.
"You don't have to be an expert to understand there is a significant amount of intoxication going on with this girl," Fotinakes said. "Use your common sense."
The doctor admitted under cross-examination that it can be difficult to distinguish between unconsciousness caused by drugs or alcohol and that triggered by a psychological disorder.
The defense has offered Jane Doe's troubled home life as justification for her feigned unconsciousness.
But Jane Doe didn't seem to be faking her symptoms on the video, Fotinakes said.
http://www.latimes.com/news/local/la-me-haidl16jun16,1,2990471.story?coll=la-headlines-california
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Rape Trial Expert: Teen Unconscious
'Use your common sense,' neurologist tells the jury. Previous specialist testified the girl was awake.
By Claire Luna, Times Staff Writer
Attempting to patch holes the defense may have punched in their case, prosecutors in an Orange County rape trial called a neurologist Tuesday to testify that the alleged victim was clearly unconscious.
"She looks like a rag doll," Dr. Peter Fotinakes said while watching in court a videotape that the prosecution says shows the three defendants raping a 16-year-old girl and sexually assaulting her with various objects.
Charged in the July 2002 incident are Gregory Scott Haidl, 18, and Kyle Joseph Nachreiner and Keith James Spann, both 19. Although all three teens and the girl lived in Rancho Cucamonga at the time, the incident took place at the Corona del Mar home of Haidl's father, a top-ranking Orange County sheriff's official.
A neurology expert called by the defense told jurors June 8 that the girl's actions in the video raising her arms and brushing back her hair, for example illustrated her alertness.
On Tuesday, Fotinakes said her movements were not as purposeful as the earlier witness made them seem. Her arms were flaccid when she lifted them, and her head kept flopping to the side, he said.
Prosecutors have said that the defendants gave the girl an alcoholic drink laced with the date-rape drug GHB or a similar substance to knock her out.
Defense lawyers have countered that the girl now 18 and called Jane Doe in court was faking unconsciousness and that the encounter was consensual.
After reviewing the 21-minute tape, Fotinakes addressed the jurors directly.
"You don't have to be an expert to understand there is a significant amount of intoxication going on with this girl," Fotinakes said. "Use your common sense."
The doctor admitted under cross-examination that it can be difficult to distinguish between unconsciousness caused by drugs or alcohol and that triggered by a psychological disorder.
The defense has offered Jane Doe's troubled home life as justification for her feigned unconsciousness.
But Jane Doe didn't seem to be faking her symptoms on the video, Fotinakes said.
http://www.latimes.com/news/local/la-me-haidl16jun16,1,2990471.story?coll=la-headlines-california
Sky