3 Teenagers Will Be Tried as Adults in Videotape Rape Case

An Orange County judge on Wednesday ordered three teenagers, including the son of an assistant sheriff, to stand trial on two dozen felony charges related to the videotaped alleged sexual assault of a 16-year-old girl.

Superior Court Judge Everett W. Dickey said it was clear that the girl was “completely unconscious” for most of the 20-minute tape and unable to consent to sex, a point defense attorneys have disputed.

“It’s pretty clear she’s just being used like a piece of meat,” the judge said.

Dickey also ruled that the evidence is strong enough for Gregory Haidl, 17; Kyle Nachreiner, 18; and Keith Spann, 18; to stand trial as adults instead of as juveniles, as their lawyers had requested. All three were 17 when the alleged assault occurred.

Defense attorneys suggested during the hearing that the victim had sexual intercourse with all three boys in the days leading up to the videotaped incident. They also said the girl consented to have sex the night of the alleged attack.

Authorities contend that the girl was so intoxicated -- either from alcohol or drugs -- that she didn’t have the ability to consent. Among other charges, the three are accused of rape and sexual assault.

“The defense of consent didn’t fly at this hearing, and I don’t think it will fly at trial either,” said Newport Beach Police Det. John Hougan, the lead investigator in the case.

If convicted, Haidl and Nachreiner could be sentenced to life in prison and Spann to dozens of years in prison.

Lawyers for the suspects said they might ask another judge to dismiss the case or send it to Juvenile Court. If tried as juveniles, the three could be held no longer than age 25.

The teenagers, who attended high school together in San Bernardino County, allegedly assaulted the girl July 6 during a small gathering at the Corona del Mar home of Haidl’s father, Orange County Assistant Sheriff Donald Haidl.

According to testimony, the girl drank a beer and an unspecified liquor before Haidl started filming his friends having sex with her.

When the boys weren’t engaged in sex acts, they could be seen laughing and dancing, according to Deputy Dist. Atty. Jana Hoffman. “It’s clear from the videotape they don’t care whether or not the victim is consenting,” Hoffman said.

Police arrested the suspects three days after the alleged assault after obtaining a copy of the videotape.