Haidl defense wants D.A. off the case

Marisa O’Neil

Defense attorneys for 19-year-old Greg Haidl, whom a judge sent to

jail Tuesday to await retrial on gang-rape charges, filed a series of

motions Thursday, including one asking the district attorney’s office

to recuse itself from the case.

Haidl, son of former Orange County Assistant Sheriff Don Haidl,

along with Kyle Nachreiner and Keith Spann are accused of gang-raping

and sexually assaulting a 16-year-old girl in 2002.

Greg Haidl was booked in county jail Tuesday, after a judge ruled

he had violated the terms of his bail, which required him to steer

clear of drugs and alcohol.

Defense attorneys filed a motion Thursday alleging that Orange

County Dist. Atty. Tony Rackauckas and prosecutors have singled out

Haidl and are out for blood.

Defense attorney Joseph Cavallo alleges that Rackauckas acted

unfairly when he held a press conference, with a large photograph of

Haidl, and called him a “danger to the community.” That press

conference came after he allegedly had sex with another 16-year-old

girl while free on bail.

Cavallo also refers to the placement of Chief Assistant Dist.

Atty. Chuck Middleton on the retrial as a sign that the office is

desperate to prosecute.

“It took their second in command to try this case because they

couldn’t convict the first time,” Cavallo said. “You would think they

could use him on something more serious than this.”

It’s the second time Greg Haidl’s attorneys have asked prosecutors

to recuse themselves since he was arrested in 2002 on suspicion that

he, Nachreiner and Spann raped and sexually assaulted an allegedly

unconscious 16-year-old girl in Don Haidl’s Corona del Mar home. The

three boys videotaped the incident.

Judge Francisco Briseno declared a mistrial in June after a jury

hopelessly deadlocked. Since then, Greg Haidl has had a series of

run-ins with the law, prompting the judge to revoke his bail.

Nachreiner and Spann have stayed out of trouble since the first

trial started.

Charges have been simplified this time around, narrowing them from

24 to nine, to cut down on juror confusion, Middleton said. Middleton

volunteered to work as lead prosecutor because he’s dealt with the

media on other high-profile cases, he said.

The defense’s motions also ask for a deposition by Jane Doe, now

18, to be unsealed and for the prosecution to disclose any jury

records.

“Prosecutors hired a jury consultant,” Cavallo said. “That’s a

waste of county funds.”

Jury selection has not yet started, but Middleton confirmed that

they had hired a consultant, as they do on some large cases.

“We’re concerned about what potential juror might not be fair,”

Middleton said. “We’re not holding mock trials.”

After the judge revoked his bail this week, defense attorneys

fought to keep Greg Haidl, whom they said had attempted suicide

twice, in a hospital to be treated for depression. They argued that

his father’s former position and his emotional state would compromise

his safety, but Briseno sent him to Orange County Jail on Tuesday

while he awaits retrial.

The second trial is scheduled to start Jan. 31.

Cavallo said he visited Greg Haidl in jail Wednesday, and he

seemed to be doing well.

“I slept last night,” Cavallo said after seeing him. “When I left

him, I felt comfortable that he was safe.”