Rape-case defendant is denied a new trial

An Orange County Superior Court judge Tuesday denied a new trial to

Keith Spann, one of three young men convicted in March of sexually

assaulting an unconscious 16-year-old girl.

Judge Francisco Briseno denied the other two defendants, Greg

Haidl and Kyle Nachreiner, a new trial Friday.

Briseno issued a ruling on Spann’s request separately because

Spann’s lawyer was not in court Friday.

All three defendants were also given time to decide whether they

wish to be sentenced as juveniles. If so, they will be evaluated and

a hearing will be held to decide whether they 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.

Haidl, Nachreiner and Spann were tried as adults.

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 nature of the crime dictates that the three young men should

be sentenced to time in state prison, Chief Assistant District Atty.

Chuck Middleton said out of court Tuesday.

“It would be a slap on the wrist to give them juvenile

jurisdiction,” Middleton said.

Briseno urged the defendants to carefully consider pursuing

juvenile sentencing and to discuss it thoroughly with family and

legal counsel.

“I’m not going to rush you through the next stage of the

proceedings,” Briseno told them in court Tuesday.

A hearing is scheduled for 10 a.m. Friday in Central Court in

Santa Ana.

The three will be sentenced separately at a date to be determined.