O.C. Sex Assault Trio Face Adult Sentences

Three men convicted of sexually assaulting an intoxicated 16-year-old girl when they were teenagers will be sentenced as adults, a judge ruled Friday in a hearing closed to the public.

The ruling by Orange County Superior Court Judge Francisco Briseno means that Gregory Haidl, Kyle Nachreiner and Keith Spann, all now 20, could face years in state prison when they are sentenced Jan. 20.

Briseno denied a request from defense attorneys to sentence the men as juveniles, which would have meant they could be imprisoned only in a youth facility until they were 25.

“I am very disappointed. We certainly thought all three boys should have been treated as juveniles,” said Peter Scalisi, who represents Haidl. “We felt they would be amenable to juvenile rehabilitation.”

Haidl faces a maximum 18 years in prison, Spann 16 and Nachreiner 14. All will have to register as sex offenders upon release.

Assistant Dist. Atty. Chuck Middleton said he would not ask for the maximum sentence.

“I will be asking for the appropriate sentence for each one, based on their activity,” Middleton said. “But the crime warrants some state prison time.”

Though the men were convicted as adults, the judge scheduled the hearing as a juvenile proceeding, which is closed to the public.

If they were to be sentenced as juveniles, Haidl, Nachreiner and Spann could have received probation or been sent to the California Youth Authority.

Scalisi said he hoped Briseno would sentence them to probation.

“They’re fairly devastated by the decision,” Scalisi said. “None of the boys had a criminal record. The offense was very unsophisticated in the way it was done.”

Haidl, Nachreiner and Spann were convicted of sexually assaulting the girl, known only as Jane Doe, in July 2002 at a party at the Corona del Mar home of former Orange County Asst. Sheriff Don Haidl, Gregory Haidl’s father. A videotape of the attack on a pool table was given to police by a young woman who found it at Haidl’s house.

The three men -- one 16 and the others 17 at the time -- used a juice bottle, pool cue and cigarette to assault the unconscious girl.

Middleton criticized defense attorneys for downplaying the contents of the “shocking” video.

The men were originally charged with rape by force and with other charges, but their first trial in 2004 ended in a mistrial. They were convicted of sexual assault in a second trial in March, but acquitted of assault with a deadly weapon. The jurors deadlocked on the rape charge, which could have increased each man’s sentence.

Haidl, Nachreiner and Spann will be transferred to a state prison facility, possibly this weekend, said Middleton. They will undergo a 90-day diagnostic study by corrections officials before returning for sentencing.

Scalisi said the men are remorseful and may ask for leniency. “They all feel very bad for what happened to Jane Doe,” he said.