Hearing on Sentencing in Sex-Assault Case to Be Closed

Rejecting newspaper requests for a public proceeding, an Orange County judge said Friday that he would close next week’s hearing in which he would decide whether to sentence as juveniles three men convicted as adults in a videotaped sexual assault case.

The men, all now 20, including the son of a former assistant sheriff, would probably be subject to lesser penalties if sentenced as juveniles.

Superior Court Judge Francisco P. Briseno said he didn’t think the fitness hearing must follow the same legal guidelines as a sentencing hearing.

Because the hearing probably will focus on the men’s psychological and family backgrounds, the judge said in his Santa Ana courtroom, “I feel it would be inappropriate to make these proceedings public.”

Introducing such sensitive information is typical at sentencing hearings and will probably be made public if the young men are sentenced as adults.

Gregory Haidl, Kyle Nachreiner and Keith Spann were 17 when they assaulted a 16-year-old girl in 2002 in the Corona del Mar home of Haidl’s father, then an assistant sheriff.

Because of their ages then, Briseno has the discretion to conduct the fitness hearing with the confidentiality of a juvenile one.

Haidl, Nachreiner and Spann were convicted March 23 after a mistrial was declared June 28, 2004, in their first trial.

The lawyer representing the Los Angeles Times, the Orange County Register and OC Weekly contended that when a trial that was conducted in open court attracted as much attention as this one, the public is entitled to attend related hearings.

“There is a great deal of public interest in knowing how this case finally ends up in terms of sentencing,” said attorney Susan Seager. “The fitness hearing is a large part of that.”

Chief Assistant Dist. Atty. Chuck Middleton previously had objected to closing the Oct. 21 hearing, but he made no comments to Briseno on Friday.

Outside the courtroom, he said that although he better understood the judge’s reasoning, he wanted the hearing open.

The judge decided Sept. 30 to close the hearing, about six months after a jury convicted the three men.

If they are sentenced as adults, they face prison terms that could stretch up to 18 years for Haidl, 16 for Spann and 14 for Nachreiner.

If sentenced as juveniles, each would probably serve two years in a youth facility.

Each of the men can invite up to four family members to the fitness hearing. The victim’s parents are also expected to attend, prosecutors said.