Comments made by rape suspect won’t be admitted

Lolita Harper

Comments about the alleged rape of an unconscious 16-year-old made by

one of the defendants will not be introduced during trial, according

to an agreement between the prosecutors and defense attorneys on

Thursday.

Peter J. Morreale, the defense attorney for Keith Spann, 19,

alleged that statements made by his client on July 8, 2002, about an

alleged rape were gathered illegally by law enforcement officials,

who did not read Spann his rights before gathering information.

Details of the statement were not released.

“When someone is interrogated -- fearing custody -- and has not

been advised to his rights, that is illegal,” Morreale said.

Spann is one of the three teenagers -- the others are Gregory

Haidl, son of Orange County Assistant Sheriff Don Haidl, and Kyle

Nachreiner -- who face 24 felony counts after allegedly raping a girl

during a party over the Fourth of July weekend in 2002 at the elder

Haidl’s beach home. The incident was captured on tape, which is being

used as a key piece of evidence by the prosecution. If convicted, the

men face 55 years in prison.

Morreale filed a motion to exclude the statement, and rather than

battle it out in court, Deputy Dist. Atty. Dan Hess and Morreale came

to an agreement, called a stipulation, that the defense called

“favorable.”

“The prosecution will not seek to introduce any statements made by

Keith Spann to law enforcement officers,” the document reads. Spann’s

comments from July 8, 2002, will only be introduced if Spann himself

takes the stand to testify, according to the document.

Miranda rights, which advise a suspect of their right to remain

silent, seek an attorney, etc., are normally given to those who have

been taken into custody. While Spann was at home at the time of the

interview with law enforcement officers, Morreale contended Spann was

considered a crime suspect and so should have been read his rights.