Defense asks for mistrial in teen rape case

Lolita Harper

Defense attorneys in the trial of three teens accused of raping an

unconscious girl filed a new motion to dismiss the case Thursday,

claiming the district attorney’s office postponed the prosecution of

a Newport Beach detective -- suspected of defrauding $269,000 of

workers’ compensation -- to gain favorable testimony in the trial.

Newport Beach Police Detective Teri Fischer, who investigated the

alleged rape of an unconscious 16-year-old girl by Greg Haidl, Keith

Spann and Kyle Nachreiner, is under investigation by state officials

in connection with irregularities found on her workers’ compensation

claim.

The girl is now 18. Haidl, son of Assistant Sheriff Don Haidl, is

also 18. Spann and Nachreiner are both 19.

Defense attorney Joseph Cavallo, who represents Haidl, argued in a

motion that the prosecution “has been willing to forebear prosecution

in order to secure the witness’s favorable testimony here” and that

it “threatens the right to a fair trial.”

Whether Fischer will be called as a witness in person has yet to

be determined but defense attorneys have subpoenaed Fischer, claiming

she has coached the victim referred to as Jane Doe. All parties are

expected to argue in court today whether Fischer should take the

stand.

Superior Court Judge Francisco Briseno reminded attorneys that

Fisher’s presence in the trial is already guaranteed as the videotape

of the interview with Jane Doe, conducted by Fischer as part of the

investigation, will be shown in the trial as evidence.

“Both sides have already allowed Fischer to testify in the form of

the video and Fischer’s statements on that video,” Briseno said.

The motion argues that prosecutors withheld information from

defense attorneys about the investigation into Fischer, which it

claims the district attorney’s office has known about for at least a

year. Defense attorneys argue they should be able to cross-examine

Fischer in regard to the fraud investigation because it speaks to her

character.

The motion claims the witness is under investigation for a “crime

of moral turpitude,” “has been the subject of video surveillance that

her own doctor has confirmed that she is a fraud” and that “if

questioned, about her dishonest conduct, the witness intends to

invoke her Fifth Amendment privilege against self-incrimination to

prevent her credibility from being attacked.”

The defense’s inability to delve into details of the investigation

hindered their clients’ rights and makes it impossible to

cross-examine her on a point that “obliterates her credibility as a

witness,” according to the motion.

Susan Schroeder, spokeswoman for the district attorney’s office,

said the defense is running another route from the same playbook.

“This is just one of how many motions filed that have claimed

‘gross prosecutorial misconduct’?” Schroeder said. “As with the rest,

we will file a counter motion. Of course, we believe we have complied

with all disclosures.”

Newport Beach workers’ compensation claims administrators passed

Fischer’s claims to the police department, citing irregularities, and

the department in turn forwarded it to the Orange County district

attorney. Police said they were told by the district attorney’s

office not to discuss the case.

Schroeder would not comment on Thursday as to why charges have not

been filed against Fischer.

“It would be improper for me to go into that,” she said.

Fischer has been off work since September 2002. She could not be

reached for comment on Thursday.

Fischer previously testified in the high-profile, gang-rape trial.

Although the detective was not present in court on Thursday, much of

Jane Doe’s cross examination by Cavallo pulled largely from

statements the victim had made previously to Fischer.

The motion also argued that the vaginal bleeding that Doe

testified about on Wednesday had not been disclosed by the

prosecutor, who allegedly knew about it for two weeks before her

testimony, and constituted an “unfair surprise.” The defense is

asking that Briseno dismiss the case, declare a mistrial or, at the

very least, make strict instructions to the jury to disregard any

testimony pertaining to such issues.

Attorneys are expected to argue this motion on Wednesday at the

earliest.

* LOLITA HARPER is the 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.