Judge denies third gang-rape trial

Elia Powers

An Orange County Superior Court judge on Friday denied a new trial

for Greg Haidl and Kyle Nachreiner, two of the three young men

convicted in March of sexually assaulting an unconscious girl.

The third defendant, Keith Spann, did not have a lawyer present

and will receive a separate decision from Judge Francisco Briseno on

Tuesday, said Deputy Dist. Atty. Susan Schroeder.

Also scheduled for Tuesday is a hearing to determine whether the

defendants will be sentenced as adults or juveniles. Haidl, the son

of former Orange County Assistant Sheriff Don Haidl, and the other

two defendants were under 18 in 2002, when the videotaped incident

was recorded at the Haidl home in Corona del Mar. All three are now

20.

The defendants were acquitted on rape charges, but were convicted

of multiple charges of sexual penetration by a foreign object. Haidl

was convicted of six counts, Spann of five, and Nachreiner of four.

The first trial ended last year when a jury deadlocked on all

charges.

The three defendants are in jail awaiting word on sentencing,

which has not been scheduled.

In their request for a retrial, defense lawyers pointed primarily

to what they felt were problems with the jury’s understanding of the

judge’s instructions, said Peter Scalisi, one of Haidl’s attorneys

during the second trial.

“We are disappointed the new motion was not granted,” Scalisi

said. “The granting of a new trial motion is a rare occurrence.”

Attorney Mark Overland, who was representing Nachreiner on Friday,

said part of the appeal was based on the court’s decision to deny

testimony regarding specific sexual conduct from an expert witness.

Overland said he was disappointed but not surprised by the court’s

ruling.

“The judge had made a statement that he didn’t want to try this

case a second time,” Overland said. “Here we are asking for a third

time.”

Scalisi and Joe Cavallo, who represented Haidl in the trial, were

not in court Friday. Defense attorney Allan H. Stokke said he will be

representing Haidl in the future.