Teens’ Rape Case Defense Gets Boost

A judge is expected to decide today whether three friends, including the son of an Orange County assistant sheriff, should stand trial for allegedly raping a teenage girl in a case in which two dramatically different scenarios about the fateful night have emerged.

Prosecutors allege that Gregory Haidl and two friends videotaped themselves raping an unconscious 16-year-old girl July 6 at the Corona del Mar home of Orange County Assistant Sheriff Donald Haidl, the suspect’s father.

But during a preliminary hearing Tuesday, several new details emerged.

A police detective testified that the victim admits she voluntarily had sex with two of the suspects in the days leading up to the alleged attack, and one of those liaisons was also captured on videotape. Newport Beach Police Det. Teri Fischer also said the victim has told her repeatedly that she wishes prosecutors would not go forward with the case.

Defense lawyers said the revelations back up their contention that the victim also consented to the July 6 sex. “What really happened is starting to appear,” said attorney John Barnett, who represents suspect Kyle Nachreiner.

Authorities say the videotape clearly shows the suspects raping and sexually assaulting the girl. Fischer said the videotape was so disturbing that it made her vomit.

Haidl, 17, Nachreiner, 18, and Keith Spann, 18, were arrested after a friend gave police a video camera that contained images of the July 6 incident with the 16-year-old girl. The tape depicts the young men having sex with the girl and at one point sexually assaulting her with a pool cue, authorities said. The charges carry a maximum punishment of more than 190 years in prison.

Fischer testified that the girl told her she drove to the Haidl home the night of July 5 after her shift as a waitress at a San Bernardino County restaurant. The girl also said that she remembers drinking a beer and a mixed drink but that she does not remember much else about the night, Fischer said.

Before she drank the mixed drink, one of the boys warned her it was so strong she would probably pass out, Fischer said. “Whatever,” she responded, Fischer testified.

The girl also said she may have aggravated the situation by traveling alone late at night to visit the three boys, Det. Fischer said.

Orange County Superior Court Judge Everett Dickey must decide whether prosecutors have enough evidence to support a trial. Last week, Dickey rejected a defense request to try the suspects in juvenile court.

Haidl’s attorney, Joseph Cavallo, said he believes the victim never lost consciousness and consented to everything depicted on the tape.

“There should have been a more thorough and complete investigation of this case before it was filed,” Cavallo said. “They had a single purpose in mind: to prosecute and convict three young boys.”

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Times staff writer Mai Tran contributed to this report.