Injury Charge’s Dismissal Sought in Teen Rape Case

Attorneys for two teenage boys accused of raping an unconscious girl and assaulting her with a pool cue asked an Orange County judge Monday to dismiss great bodily injury allegations against the youths, one of whom is the son of an assistant county sheriff.

Orange County Superior Court Judge Francisco Briseno indicated he will announce next week whether he’ll dismiss the charges.

Defense attorneys for Gregory Haidl and Kyle Nachreiner, both 18, argued during a hearing Monday that the 16-year-old girl did not suffer “great bodily injury.” That charge could substantially lengthen the sentences the teenagers face if convicted.

Further, Haidl’s lawyers said, their client never touched the pool cue that prosecutors say was used in the alleged attack.

Prosecutors contended that the issues of the pool cue are matters for a jury to consider.

“The defense is asking the court to reweigh the evidence presented at the preliminary hearing,” said Deputy Dist. Atty. Brian Gurwitz. “They shouldn’t essentially get a second bite of the apple with this motion.”

Briseno said that although it is not his job to critique the evidence presented at the preliminary hearing, he is compelled to critically review the facts at each step. During the hourlong hearing, Briseno said he may consider dismissing the great bodily injury charges given the degree of the girl’s injuries and pain, which health officials have testified were “minuscule.”

“I have an obligation not to act as a Monday quarterback to the prior proceedings,” Briseno said. Prosecutors maintain that Haidl, Nachreiner and Keith Spann, 18, all of Rancho Cucamonga, videotaped themselves raping the unconscious girl July 6, 2002, at the Corona del Mar home of Orange County Assistant Sheriff Donald Haidl, Gregory’s father.

Spann does not face the additional injury charges and did not attend Monday’s hearing.

In January, the youths were ordered to stand trial on two dozen felony charges. During that preliminary hearing, defense lawyers argued that the girl had consented to have sex with the teens. But prosecutors countered that the girl was so intoxicated that she didn’t have the ability to consent.

The boys, 17 at the time of the incident, are charged as adults and face possible life sentences.

Beginning Dec. 4, Briseno will hear further arguments from Haidl’s lawyers, including motions to dismiss some prosecutors from the case and to forbid the video to be admitted as evidence because it was stolen.

During the hearing Monday in Santa Ana, Haidl’s lawyers said their client should not face the same level of charges as Nachreiner.

“Remove Haidl, and it’s likely this incident would still have occurred,” said attorney David Macher. “Remove Nachreiner, and nothing would have happened.”