Judge keeps Haidl in jail until retrial

Marisa O’Neil

A judge on Monday denied defense attorneys’ requests to free

gang-rape defendant Greg Haidl from jail and instead place him in a

psychiatric hospital while he awaits retrial.

The family physician for Haidl, son of former Orange County

Assistant Sheriff Don Haidl, testified Monday that the 19-year-old

defendant suffers from major clinical depression, a serious anxiety

disorder and post-traumatic stress disorder. Jeff Barke, who has

treated Greg Haidl since the end of his first trial in June, said his

patient’s condition has declined since he was incarcerated in

November.

“Greg has a physical and mental illness,” Barke said. “Greg needs

help. The type of healthcare he needs is not provided at the jail.”

Greg Haidl has been in Orange County Jail since Judge Francisco

Briseno revoked his bail after the teen was involved in an

alcohol-related accident, a violation of his bail’s terms.

He and friends Kyle Nachreiner and Keith Spann, both 20, are

charged with the rape of an allegedly unconscious 16-year-old girl in

2002. That incident was videotaped in the elder Haidl’s Corona del

Mar home.

The retrial is set to start Jan. 31, after the first trial ended

with a hung jury.

Greg Haidl has been in the mental ward of the jail since his bail

was revoked. But a secure psychiatric hospital, like College Hospital

on Victoria Street in Costa Mesa, would be more beneficial to Greg

Haidl, attorney Pete Scalisi argued.

Barke, who said he visits Greg Haidl in jail two to three times a

week, has recommended changes in the teen’s medication.

“It’s crazy, me as an outside physician trying to properly treat

him when he’s in jail,” Barke said.

Briseno offered to make it easier for Barke to visit and treat

Greg Haidl while he’s in jail but said he would not release him while

pending retrial. While incarcerated, the teen is being closely

watched to make sure he doesn’t try to harm himself, Briseno said.

Though he has not been convicted of a crime, Briseno said, Greg

Haidl must stay in jail for now because he’s failed to comply with

the court’s requests.

“Sometimes young people struggle to follow directions of parents,

attorneys and the person wearing a black robe,” Briseno said. “But

leniency can only go so far.”

During a recess after the judge’s decision, Greg Haidl quietly

sobbed and dabbed his eyes with a handkerchief as he spoke with

Scalisi.

Also on Monday, Briseno rejected defense requests to subpoena

masses of information from the Orange County Sheriff’s Department and

jail, including all surveillance videotape of Greg Haidl since his

incarceration.

Defense attorneys in court played several television news

broadcasts about the alleged firing of a Taser by deputies at Greg

Haidl in jail last month. Those reports claimed the shooting came

after he violated jailhouse rules by sharing a candy bar with

Alejandro Avila, charged with the kidnap and murder of 5-year-old

Samantha Runnion in 2002.

Nachreiner’s attorney, John Barnett, said the subpoenaed

information was vital to determine how it could affect his client’s

case.

“It would have terrible consequences for my client if [Greg Haidl]

is linked with a renowned child killer,” Barnett said.

Jury selection is set to start today, with the first pool of 150

jurors coming into Briseno’s courtroom. Masses of jurors will be

screened each day this week in an attempt to see if the court can

pool a sufficient number of people who have not already formed an

opinion on the high-profile case.

* MARISA O’NEIL covers public safety and courts. She may be

reached at (714) 966-4618 or by e-mail at marisa.oneil @latimes.com.