After losing in the local Court of Appeal, Greg Haidl and his two accomplices, who were convicted of sexually assaulting a teenage girl in Haidl’s Newport Beach home, are taking their case to the state Supreme Court.
Haidl’s attorney, Dennis Fischer, petitioned the court last week to hear arguments on why his client should have his conviction overturned and not have to register as a sex offender for life.
Fischer said that the chances of the Supreme Court agreeing to hear the petition are “next to none.”
Haidl’s convicted accomplices, Kyle Nachreiner, 25, and Keith Spann, 25, filed petitions with the court, too, Fischer said.
All three men were convicted in 2005 of sexually assaulting a teenage girl in the basement of the house belonging to Haidl’s dad. Haidl, 24, is the son of former Orange County Assistant Sheriff Don Haidl. While the girl apparently was passed out drunk, the men made a videotape of penetrating her vagina with several objects including a pool cue, Snapple bottle and a lighted cigarette.
For the Supreme Court, Fischer will narrow the arguments he presented to the Court of Appeal. He argued that the judge did not give his client a fair trial in electing to withhold evidence that the victim in the case had participated in similar sexual activity not long before the assault. The woman’s sexual history was protected under California’s Rape Shield law.
He also argues that Haidl should not have to register as a sex offender. The men were juveniles during the crime but were tried as adults.
The jury dismissed the assault with a deadly weapon charge the men faced. Without that charge, they would have been tried as juveniles and wouldn’t be required to register, he said.
Prosecutors say the men’s attempts to clear their records is exactly why they should be registered as sex offenders.
“Men who are convicted of preying on women who are too intoxicated to say ‘no’ are sexual predators. The public has the right to know who they are, where the live, and what they did,” said Orange County district attorney’s office Chief of Staff Susan Schroeder. “Again, they want to be treated different than other similarly situated defendants. This is one of the reasons why they are dangerous.”
Haidl, Nachreiner and Spann lost their case in the Court of Appeal in March. This is their last chance to appeal their case on the state level.
The state Supreme Court has 60 days to decide if it wants to hear the case.