Digital tape will be made for Haidl defense

Lolita Harper

SANTA ANA -- The district attorney’s office agreed Friday to make a

digital copy of the tape that captured an alleged rape of a

16-year-old girl for the defense team of the three teenagers accused

of the crime because previous copies made in analog form were not

exact copies.

Newport Beach Police Department videographer Kendra Duerst

testified Friday that copies of the taped incident, which shows

defendants Greg Haidl -- son of Orange County Assistant Sheriff Don

Haidl -- Keith Spann and Kyle Nachreiner penetrating a girl with a

pool cue, a cigarette and a bottle, were made using a lower quality

recording method that may not capture the same details as a digital

copy.

“It looks like the defense doesn’t have an exact copy of the tape

that was taken [by law enforcement officials] in San Bernardino,”

said John D. Barnett, Nachreiner’s attorney.

The camcorder, which contained the incriminating tape allegedly

shot by the defendants themselves, changed hands several times. From

the hands of two teenagers who found it in July 2002, the camcorder

went to a trusted relative, who showed it to a neighbor in law

enforcement, who called authorities from the San Bernardino Sheriff’s

Department. The Sheriff’s Department then handed over the

investigation to the Newport Beach Police Department, which

investigated the crime on which the district attorney filed charges

on 24 felony counts.

All of those potential witnesses watched the prosecution’s copy of

the tape to see if there were any alterations, deletions or other

forms of tampering.

Duerst was one of the last to handle the tape that law enforcement

officials contend is the original tape taken from the seized

camcorder in July 2002. She did so on Feb. 11, 2004, when defense

video experts came to her office requesting copies of the master tape

to examine its quality.

The Haidl defense team has statements from film expert Jerry Goffe

from Albuquerque, N.M., who said “artifacts” found on the videotape

suggest “some sort of manipulation and editing of the tape has taken

place.” Haidl defense attorney Joseph Cavallo has said that two of

his experts have concluded that 17 minutes and 38 seconds of the tape

were missing.

Duerst testified Thursday to the contrary, saying that inherent

time coding on the tape itself was consecutive and negated the chance

of any editing. On Friday, she was cross-examined by all three

defense attorneys, remaining on the witness stand from 10:30 a.m. to

nearly 3 p.m., with a 90-minute break for lunch.

Attorneys meticulously scrutinized various technical terms and

concepts, including the difference between cables used to copy tapes

and what information they may or may not transfer. Duerst also

admitted she had no way to tell for sure whether the tape she was

given by lead Newport Beach Det. John Hougan was the original tape

seized from the camcorder.

“I don’t know if it is the original or not, but it appears to be a

continuos time code,” Duerst said.

“But you don’t know whether the [tape at the] Newport Beach

[Police Department] is an accurate copy of the master [tape]?”

Barnett asked.

“Correct,” Duerst replied.

Defense attorneys will call their expert witnesses on Monday at

1:30 p.m. in courtroom C45 in Santa Ana Superior Court. Hearings for

several motions, which include requests to exclude the tape from

evidence and to introduce the victim’s sexual history, will be heard

all next week.

* LOLITA HARPER is the community forum editor. She also writes

columns Wednesdays and Fridays. She may be reached at (949) 574-4275

or by e-mail at lolita.harper@latimes.com.