BRIEFLY IN THE NEWS Rape victim...

BRIEFLY IN

THE NEWS

Rape victim could not have consented

A 16-year-old girl who accused three teens of gang raping her when

she was unconscious could not have consented to sex as she now

claims, a Newport Beach Police detective testified in court

Wednesday.

Greg Haidl, 17 -- son of Orange County Assistant Sheriff Don Haidl

-- Kyle Nachreiner and Keith Spann, both 18, face 21 felonies for the

July 6 attack that allegedly happened at Don Haidl’s Corona del Mar

home.

Wednesday’s hearing was to determine if the teens should stand

trial. Last week, Orange County Superior Court Everett Dickey ruled

that the teens must be tried as adults.

A police detective testified Wednesday that the victim admitted

she voluntarily had sex with two of the suspects in the days leading

up to the alleged attack, and one of those liaisons was also captured

on videotape. Newport Beach Police Detective Teri Fischer also said

the victim has told her repeatedly that she wishes prosecutors would

not go forward with the case.

Defense lawyers said the revelations back up their contention that

the victim also consented to the July 6 sex. Authorities say the

videotape clearly shows the suspects raping and sexually assaulting

the girl. Fischer said the videotape was so disturbing that it made

her vomit.

Haidl, 17, Nachreiner, 18, and Keith Spann, 18, were arrested

after a friend gave police a video camera that contained images of

the July 6 incident with the 16-year-old girl. The tape depicts the

young men having sex with the girl and at one point sexually

assaulting her with a pool cue, authorities said. The charges carry a

maximum punishment of more than 190 years in prison.

Fischer testified that the girl told her she drove to the Haidl

home the night of July 5 after her shift as a waitress at a San

Bernardino County restaurant. The girl also said that she remembers

drinking a beer and a mixed drink, but that she does not remember

much else about the night, Fischer said.

-- Deepa Bharath