Search for rape-trial jury underway

Marisa O’Neil

After three days of questioning, about two-thirds of the potential

jurors in the upcoming retrial of a high-profile gang-rape case have

been dismissed, causing some connected with the case to worry that

not enough impartial jurors can be found in Orange County.

Jury selection started Tuesday in the retrial of Kyle Nachreiner

and Keith Spann, both 20, and Greg Haidl, the 19-year-old son of

former Orange County Assistant Sheriff Don Haidl. So far, 142 of

about 460 possible jurors remain, attorneys reported Thursday.

Orange County Superior Court Judge Francisco Briseno expressed

concern last week that the court may not find enough jurors in the

county who have not been affected by the massive publicity the case

has generated.

He called for hundreds of jurors to be brought in weeks before the

trial’s scheduled start on Jan. 31.

“It’s a safe bet just about everyone has been exposed to some

aspect of the case,” Pete Scalisi, attorney for Greg Haidl, said on

Thursday. “It boils down to whether or not they can put aside their

prejudices.”

Groups of about 150 people who were called for jury duty came into

Briseno’s courtroom Tuesday, Wednesday and Thursday this week.

One of the first questions asked of them, Deputy Dist. Atty. Susan

Schroeder said, is whether they will suffer a hardship if they serve

on a lengthy trial.

Defense attorneys last week estimated a trial length of about two

months. Those who remain are asked if they feel they can put aside

their personal feelings and serve impartially on a jury for the case.

“Our standard here is not whether they’ve ever heard about a case,

but despite what they’ve heard, can they put aside their prejudices

and decide it on the evidence only,” Schroeder said.

Jurors who remain fill out a lengthy questionnaire that is

reviewed by attorneys on both sides. The 24-page questionnaire,

agreed upon earlier this week, asks jurors about their backgrounds,

contact with the legal system and any biases, Schroeder said.

Copies of the questionnaire will not be released to the media

until a jury is selected, per the judge’s request, said Carole

Levitzky, a spokeswoman for Orange County courts.

The court now has 142 potential jurors of the 250 the judge said

he’d like to have, with at least another week of selection to go.

“The process is going really well,” Schroeder said. “I have to

give credit to the people of Orange County. No matter how notorious a

case is, they can put that aside.”

But defense attorneys are still concerned about finding enough

impartial jurors to end up with a panel of 12 and alternates.

If that doesn’t look like a possibility, Briseno said last week,

the trial may have to move to another county. “I think a change of

venue is very much on the front burner because of the publicity,”

Scalisi said.

The three defendants are charged with gang-raping an allegedly

unconscious 16-year-old girl on a pool table in the elder Haidl’s

Corona del Mar home and sexually assaulting her with various objects.

They videotaped on July 5, 2002.

A jury in the first trial was unable to reach a verdict, and

Briseno declared a mistrial.

Since then, Greg Haidl has been involved in a series of run-ins

with the law, including the alleged statutory rape of another

16-year-old girl.

Briseno ultimately revoked Greg Haidl’s bail for violating its

terms. He jailed the teen in November until the completion of the

retrial.

Greg Haidl’s defense team hired most of the jurors from the first

case to act as consultants on the retrial.