As Teen’s O.C. Rape Trial Nears, His Family’s Civil Suit Complicates Case

As trial nears for a teenager accused in the gang rape of an unconscious girl at his wealthy father’s Newport Beach home, a lawsuit filed by his family further tangles a legal frenzy surrounding the case.

Newport Beach police say Gregory Haidl, 18, and two friends videotaped the 16-year-old girl in July 2002 as they took turns raping her at the home of Don Haidl. A businessman who also holds a civilian appointment as an assistant sheriff, Don Haidl serves without pay as a top lieutenant to Orange County Sheriff Michael S. Carona. He was not home the night of the alleged crime.

The tape eventually fell into the hands of Newport Beach police, sparking a criminal investigation and charges against the younger Haidl and friends Kyle Nachreiner and Keith Spann, also both 18. All three, facing possible 100-year terms, have pleaded not guilty and are free on $100,000 bail each. Trial is scheduled for March.

Haidl is being represented by five criminal lawyers, including retired California Supreme Court Justice Armand Arabian, as well as two civil attorneys. His family has even hired a former Orange County district attorney spokeswoman as a public relations consultant for the team.

The lawsuit, filed by Don Haidl’s ex-wife, Gail, is nothing but a “fishing expedition” to gather damaging information against the girl that would not be available to the teenager’s criminal defense team, said Bruce D. Praet, a lawyer representing Newport Beach and its Police Department.

“The truth is that Mrs. Haidl is nothing but a pawn,” Praet said. “This is Don Haidl’s lawsuit to get discovery in his son’s criminal case.”

Mark A. Byrne, an attorney representing Gail Haidl in the civil case, declined to discuss the suit. Don Haidl said the assertion that he is bankrolling the civil litigation as part of an effort to defend his son is “ridiculous,” but would not comment further.

Joseph Cavallo, the defendant’s lead criminal attorney, denies that the family is unfairly using Don Haidl’s wealth and influence to battle the charges. Cavallo submits that rape charges would never have been filed had Gregory Haidl not been the child of an assistant Orange County sheriff and major political contributor.

“It’s reverse discrimination,” said Cavallo, who did not elaborate on why authorities would pursue his client more aggressively than another suspect. “He shouldn’t have to be doing all of this.”

The criminal case has been mired in controversy almost from the beginning.

Newport Beach detectives said that two colleagues of the elder Haidl, Orange County Assistant Sheriff George Jaramillo and sheriff’s Lt. Wilfredo Moreno, interfered with their attempts to question the younger Haidl just days after the alleged rape. Newport Beach Police Chief Bob McDonell later complained in a letter to Carona that the men improperly persuaded Don Haidl to tell police his son would not speak to them.

Carona responded with a terse two-sentence letter, saying he was confident that his department had handled the matter appropriately.

The lawsuit stems from another dispute that began shortly after the arrests. Fliers identifying the alleged victim by last name and asking for information about the accuser’s family were distributed in the Rancho Cucamonga neighborhood where the girl and Gregory Haidl’s mother both live. A copy ended up in the accuser’s mailbox and the family filed complaints with authorities in Newport Beach and San Bernardino County.

San Bernardino County sheriff’s officials began investigating Gail Haidl for possible witness tampering. Though she admitted in court records that the flier included her home telephone number, Gail Haidl denied responsibility for the flier and was not charged with a crime. However, she did file suit late last year against the San Bernardino County sheriff and Newport Beach police, alleging that law enforcement officials involved in the criminal case conspired to prevent her from assisting in her son’s defense.

San Bernardino County Counsel, which represents the sheriff, and the Orange County district attorney’s office declined to comment on the suit. But lawyer Praet, representing Newport Beach, said the suit is a blatant attempt by Gregory Haidl’s criminal defense team to squeeze out evidence it might have no hope of getting otherwise.

By filing the civil suit, Praet said, Gail Haidl’s attorneys can interview in advance police officers who investigated the incident and perhaps the alleged rape victim herself. During a criminal trial, defense attorneys likely would have to put the officers or the girl on the witness stand to question them directly.

In questioning a Newport Beach detective during a deposition, Praet said, Gail Haidl’s attorneys “pulled out a report from the criminal investigation and proceeded to ask him questions about the rape.” The officer did not answer their questions, he said.

“They really don’t want to talk to [the girl] about the lawsuit,” Praet said.

“They want to talk to her about the rape, but we’re not going to allow it.”

Cavallo, lead attorney for Gregory Haidl, said everyone will benefit from having more information earlier and that he will not use information gathered in the civil case to unfairly advance the criminal one.

“This is supposed to be a search for the truth,” he said. “If their case would crumble as a result of these statements, then we’d like to know about it now.”

The defense team has not received any information from the civil attorneys, Cavallo said.

“If there is any information that comes about as a result of that civil case that will benefit the criminal case,” Cavallo said, “we will make every effort to obtain it.”