Judge again reins in Haidl defense lawyer

Marisa O’Neil

The judge in a high-profile gang-rape case again chastised a defense

attorney Tuesday, during aggressive questioning of the alleged

victim.

Jane Doe, as the now-19-year-old woman is known in court, looked

visibly frustrated during repetitious questioning by defense attorney

Joseph Cavallo. Cavallo represents 19-year-old Greg Haidl, one of

three defendants accused of raping an allegedly unconscious,

16-year-old Doe at a 2002 party in the Corona del Mar home of his

father, former Orange County Assistant Sheriff Don Haidl.

That incident was videotaped, and that tape is a key piece of

evidence in the case. Greg Haidl and Kyle Nachreiner and Keith Spann,

both now 20, are accused of raping Doe and sexually assaulting her

with various objects.

Tuesday was Doe’s third day of testimony and second full day of

intense cross-examination. She twice burst into tears during

Cavallo’s cross-examination on Feb. 10 and complained to Judge

Francisco Briseno that she was confused by the attorney’s questions.

Briseno stopped Cavallo’s opening statements in the case after he

accused Doe of promiscuous behavior, heavy drinking and selling drugs

to children. After consulting with the judge, he continued his

opening remarks a day later.

Tuesday’s admonition by the judge came after numerous objections

by prosecutor Chuck Middleton, complaining that Cavallo was asking

questions already answered in previous testimony. After twice

stopping Cavallo, Briseno sent the jury out of the room and then

warned him against “competitive interrogation on basic matters.”

“I have a client facing a significant amount of jail time and a

witness on the stand who’s not truthful,” Cavallo told the judge.

Briseno told Cavallo that he would allow the attorney a “wide

breadth” in pointing out inconsistencies in Doe’s police interviews

and previous testimony -- but only to a point.

“I have been gentle and kind with you this morning,” Briseno said.

“But I don’t need to be tested.”

Cavallo’s questioning of Doe also focused on her drinking and

sexual behavior leading up to the incident. Defense attorneys contend

that she was a willing participant, who wanted to make a pornographic

video with the boys, who were 17 at the time.

He asked her if she drank to the point where she lost control.

“When I am intoxicated, yes, I do not control myself,” she said.

John Barnett, attorney for Nachreiner, questioned Doe about the

night before the alleged incident, when she admitted to having sexual

intercourse with Greg Haidl and Spann and a sexual encounter in

Haidl’s swimming pool with Nachreiner.

Her actions were “stupid decisions” she made while intoxicated,

she said.

Barnett asked if she remembered giving consent on the night in

question.

“I don’t remember what happened on [July] 5th and 6th because I

was unconscious,” she told him.

Jurors have yet to see the videotape of the incident.

A trial last year on the same case ended with a hung jury. The

defendants face fewer charges this time and up to 23 years in prison.

Before testimony began on Tuesday, Briseno informed attorneys that

one of the three remaining alternate jurors was hospitalized over the

weekend and unable to come to court. All the attorneys agreed to

proceed with only two alternates remaining.

Doe’s cross-examination is scheduled to continue today, followed

by redirected questioning by the prosecution.

* 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.