Victim’s past with defendants admissible

Deepa Bharath

The defense in a high-profile rape case can use as evidence the

teenage victim’s sexual history with the defendants, a Superior Court

judge decided Wednesday.

Judge Francisco Briseno said attorneys for defendants Gregory

Haidl, Kyle Nachreiner and Keith Spann cannot include in evidence

details about the girl’s tumultuous relationship with her father or

about her sexual encounters with people other than the defendants.

The judge, however, said that the defense can present evidence

that the girl did have a sexual relationship with Haidl, Nachreiner

and Spann before the reported incident, which is said to have

happened in the Corona del Mar home of Haidl’s father, Orange County

Assistant Sheriff Don Haidl.

The victim was 16 years old at the time of the July 2002 incident.

Prosecutors say the teenagers -- Haidl is now 18, Nachreiner and

Spann both 19 -- performed various sexual acts on the victim when she

was unconscious, which they videotaped.

Deputy Dist. Atty. Dan Hess would not comment about the judge’s

decision Wednesday, but said that the judge had excluded from

evidence portions that the prosecution was most concerned about.

The defense has consistently argued that the sex was consensual

and that the victim was participating in a “weekend sexcapade” with

the boys. The defense motion contends that the girl herself indulged

in some of the alleged sexual activities earlier in the day before

the incident.

Defense attorneys said they were happy with Briseno’s decision.

“We’re very pleased,” said John Barnett, Nachreiner’s attorney.

“We’re convinced that the total picture of the circumstances of this

case is going to be presented to the jury.”

On Tuesday, the judge had ruled that a 20-minute digital videotape

that captured the alleged rape is authentic and can be used by

prosecutors as evidence.

Jury selection is expected to begin next week.

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

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