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Scolded Lawyer in Gang-Rape Case to Resume

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Times Staff Writer

A defense attorney in a high-profile rape case will be allowed to finish his opening remarks today after being cut off and then chastised for portraying the alleged victim as a promiscuous drug dealer.

Attorney Joseph G. Cavallo represents a former sheriff’s official’s son, standing trial in Santa Ana along with two other young men on charges of raping an unconscious 16-year-old girl in July 2002.

Superior Court Judge Francisco P. Briseno ruled Tuesday that Cavallo, who began his opening remarks Monday, could try again after the judge reviewed the outline for his revised statement. Still, Briseno warned the lawyer that future violations would not be tolerated.

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“If you bump into what you think is a bad ruling, I can’t have you just go around it,” Briseno said. “It seems like your tactic is to do the act and then do the apology later with the idea that you’ve got it out to the jury.”

Cavallo represents Gregory Haidl, now 19, the son of former Orange County Assistant Sheriff Don Haidl, in whose Corona del Mar home the alleged rape took place.

Gregory Haidl and the other defendants -- Keith Spann and Kyle Nachreiner, both 20 -- say the videotaped incident was a consensual encounter. Prosecutors say the girl was too drunk to say no.

At the time, the four teens all lived in Rancho Cucamonga. Haidl has since moved to Orange County and is being held at Orange County Jail for violating bail terms.

Today’s first witness is expected to be the alleged victim, known in court as Jane Doe to protect her identity.

This is the second time the defendants have been tried on the rape charges. The first ended in a mistrial in June after the jurors deadlocked.

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Cavallo had addressed the jury for less than 15 minutes Monday afternoon and been warned once when the judge cut him off.

The lawyer had started detailing Jane Doe’s grooming habits and budding sexuality -- matters inadmissible under the state’s rape shield law protecting sex crime victims. Mention of her pending drug charges, which were filed after the first trial ended, is also not allowed until a hearing has been held on the matter.

The prosecutor said he was worried that jurors would later remember some of Cavallo’s comments from his first statement.

“There’s always damage to the prosecution’s case when the defense is left unbridled to argue inappropriate things in an opening statement,” Chief Assistant Dist. Atty. Chuck Middleton said. “I hope that tomorrow Mr. Cavallo stays within the parameters.”

In court Tuesday, as his client sat by his side in a mustard yellow jail jumpsuit, Cavallo apologized profusely for his earlier comments.

“All I’m looking for, your honor, is an opportunity to prove that I can do this. I know I can,” Cavallo said in a low voice. “I ask the court to forgive me.”

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Cavallo estimated outside court that his amended statement would last about 90 minutes.

“I want to get across to the jurors that Jane Doe conducted herself in a way that made these boys think she was willing to go along with this sexcapade,” he said. “We have ample ammunition to attack her credibility.”

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