Jury watches tape of alleged gang rape

Deepa Bharath

SANTA ANA -- Jurors in a gang-rape trial watched a 20-minute digital

videotape Tuesday that reportedly shows three teenagers sexually

assaulting an unconscious 16-year-old girl in a Corona del Mar home.

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

Nachreiner and Keith Spann are accused of sexually assaulting the

victim with various objects in the older Haidl’s Jade Cove home in

July 2002.

The teens recorded the entire incident on a tape, which

prosecutors believe is the piece of evidence that will convince the

jury to find the defendants guilty. Defense attorneys have argued

that the sexual acts were consensual.

Orange County Superior Court Judge Francisco Briseno ruled before

the jury trial that the tape bearing graphic sexual content must be

shown only to jurors and not to the public.

On Tuesday, three large television screens were turned away from

the gallery so that only the jury, attorneys, court staff members,

the judge and the three defendants could see it. The sound from the

tape, however, was heard by all.

What the public and members of the media heard was loud rap music

in the background. The songs were clearly about sex. The tape started

off with the girl giggling and laughing with the defendants. Less

than a minute later she is heard asking: “You want to take off my

clothes, huh Greg?”

Shortly after that, only the defendants’ voices were heard. There

was no sound from the girl. The defendants laughed and talked about

enjoying their sexual experience with the girl. Prosecutors said the

teens assaulted the unconscious girl with a Snapple bottle, a juice

can, a lighted cigarette and a pool cue.

Most jurors who watched the tape showed little reaction. One juror

turned her head away for a moment. Another juror shook his head after

he finished watching the tape. The three defendants, dressed in

short-sleeved shirts, ties and dark pants, looked down for the most

part and seemed to be writing notes as the tape was being played.

The tape was, and continues to be, a controversial element of the

trial. Defense attorneys contend that the tape is “incomplete,” that

it has been edited by police and that several minutes of important

footage is missing. Pretrial motions asking that the tape not be

admitted into evidence were denied.

On Tuesday, once again, defense attorneys cross-questioned

witnesses for the prosecution in an attempt to prove that the tape is

not legitimate.

Prosecutors brought in Ryan Weedall, Lindsay Picou and Kevin

Rogers, three acquaintances of Haidl and Nachreiner, who found the

tape and turned it in to the police. Weedall and Rogers rented a

beachfront home in Newport with four other friends during the summer

of 2002.

Haidl and Nachreiner visited the rental home on July 6 after

midnight, Rogers testified. After they came and left, Rogers found

the silver Sony camcorder in one of the bedrooms, he said. The

housemates ended up watching the tape, Rogers said.

Haidl and Nachreiner came back to the beach house on July 7,

looking for the tape, he said.

“They were opening cabinets and looking under beds,” Rogers said.

Both seemed “apprehensive and shaky,” he said.

But it was Picou, Weedall’s girlfriend, who took the tape with the

camcorder wrapped in a towel and turned it in to authorities.

Picou said she felt uncomfortable watching the tape.

“I would turn my head a few times,” she said.

Picou took the tape to her brother in Rancho Cucamonga and

together, they gave it to her brother’s neighbor, a Pasadena police

officer who in turn handed the tape to San Bernardino County

Sheriff’s officials.

Both Picou and Weedall testified that they initially lied to

Newport Beach detectives about who saw the tape because their other

friends “didn’t want to get involved.”

Testimony will continue today with more witnesses for the

prosecution.

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

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