Atty. gen. urges D.A. be kept on rape case

Deepa Bharath

A motion to take the Orange County district attorney off a teenager’s

high-profile rape case must be denied, the state attorney general

said in an opinion filed in court on Tuesday.

Greg Haidl, along with Kyle Nachreiner and Keith Spann, has been

accused of raping an unconscious 16-year-old girl in his father’s

Corona del Mar home.

Haidl’s attorneys filed several motions, including a “motion to

recuse,” or to remove, the district attorney entirely from the case.

They argue that Orange County Dist. Atty. Tony Rackauckas overcharged

Haidl because he wants to show voters that he can prosecute the son

of Assistant Sheriff Don Haidl, who donated money for Rackauckas’

campaign.

The motion also states that Greg Haidl has been “singled out for

harsh treatment” and that the district attorney’s office intruded in

a civil case filed by Greg Haidl’s mother in San Bernardino.

Atty. Gen. Bill Lockyer submitted that there is no conflict of

interest, saying that Don Haidl’s involvement with the Rackauckas

campaign, or with the district attorney’s political career or image

have nothing to do with the case.

The statement mentions the 20-minute videotape, which reportedly

captures the entire incident in lurid detail.

“As can be seen on the videotape made by the defendant, the

assault was prolonged, involved all three defendants, and is

shocking,” the attorney general’s opinion says.

“Try as he may to blame the district attorney or his father’s

status for his current predicament, the images preserved on the

videotape show ... that the district attorney is well within his

discretion to prosecute this case in the manner he has,” the attorney

general wrote.

Defense attorney Joseph Cavallo said he believes the attorney

general did not give the motion careful consideration.

“It looks like the attorney general didn’t read all of the recusal

motion,” he said. “He has failed to address 70% of the issues that

have been raised, including the prosecutorial misconduct.”

Deputy Dist. Atty. Susan Schroeder said she agrees with the

attorney general’s statements.

“It’s very articulately put, and we couldn’t agree more with

everything he has to say,” she said.

If convicted on all counts, Greg Haidl would face up to 55 years

and four months in state prison. The case is scheduled to go to trial

in March.

A hearing is set for today at the Central Justice Center in Santa

Ana.

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at deepa.bharath@latimes.com.