Rape-case retrial to stay local

Marisa O’Neil

A Superior Court judge on Tuesday denied a motion by defense

attorneys to have the retrial of a high-profile, gang-rape case moved

out of Orange County.

Judge Francisco Briseno, however, said he would wait until a jury

is impaneled before he decides whether members of the public will be

able to see a videotape of the incident. Kyle Nachreiner and Keith

Spann, both now 20, and Greg Haidl, 19, are accused of gang-raping an

apparently unconscious 16-year-old girl and sexually assaulting her

with various objects at a 2002 party at the Corona del Mar home of

Haidl’s father, former Orange County Assistant Sheriff Don Haidl

The jury in the first trial could not reach a unanimous verdict.

A videotape of the incident was shown to the jury in the first

trial but not shown to the public. Video monitors were turned away

from the courtroom audience.

This time prosecutors don’t object to showing the tape in open

court, Chief Assistant Dist. Atty. Chuck Middleton said. Videotapes

of incidents are usually shown in court during felony cases, he said.

“The main concern is that this case be treated like any other

felony,” he said.

The judge also heard arguments on Tuesday from defense attorneys,

who said the massive publicity that surrounded the first trial has

tainted the jury pool. Final jury selection in the retrial will start

Monday from the 122 potential jurors that remain of the more than 700

screened over the past two weeks.

Most were excused because the lengthy trial, which may last two

months according to defense estimates, would create a hardship.

Others indicated they did not believe they could impartially hear the

case and make a decision.

John Barnett, attorney for 19-year-old Nachreiner, told Briseno

that some juror questionnaires confirmed that those prospective

jurors knew about Greg Haidl’s other run-ins with the law since the

first case ended in a mistrial. Briseno revoked Haidl’s bail in

November for violating its terms, and he will remain in jail at least

until the conclusion of the retrial.

Media reports of Greg Haidl’s alleged criminal activity, including

trespassing and the alleged statutory rape of another 16-year-old

girl, could adversely affect his client, Barnett said.

“If we start off with a jury who believes one of these defendants

is a jerk, everyone gets sucked into that vortex,” he said.

Briseno said attorneys could use their preemptory challenges to

weed out any jurors they believed couldn’t be impartial. Each side

can remove 50 jurors once the selection process starts.

Briseno will hear more motions the rest of this week, including

one by the defense to have the Orange County district attorney’s

office recused from the case. A similar motion before the first trial

was denied.

* 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.