Report: Jail, not probation

Probation authority calls for prison time for three men convicted of 2002 sexual assault against teenage girl.An Orange County Probation Department report recommends prison time for the three young men who were convicted of sexually assaulting an unconscious girl at a 2002 Corona del Mar house party, a judge revealed in court Friday.

Greg Haidl, Kyle Nachreiner and Keith Spann were convicted in March of multiple charges of sexual penetration by a foreign object. They were acquitted of raping the then-16-year-old girl.

In a hearing held Friday in Orange County Superior Court, Judge Francisco Briseño said the probation reports, which are sealed, recommend that Haidl, Nachreiner and Spann receive prison time rather than probation, said prosecutor Chuck Middleton.

“I think it’s a fair recommendation,” Middleton said.

Al Stokke, a defense team attorney who represented the defendants in court Friday, said the probation report is not a “firm recommendation.” There are two pending evaluations to be considered: one from a psychiatrist and another from the California Department of Corrections, Stokke said.

Haidl and his co-defendants are scheduled to be sentenced as adults Feb. 24. Middleton said he will not make a recommendation for sentencing until he sees the results of the remaining evaluations.

In October, Briseño ruled that Haidl, Nachreiner and Spann will be sentenced as adults. The three were juveniles when the videotaped incident occurred in July 2002 at the home of Greg Haidl’s father, former Orange County Assistant Sheriff Don Haidl.

All three are now 20. Haidl could face a maximum prison sentence of 18 years; Spann faces 16, and Nachreiner, 14.

The victim -- a woman known only as Jane Doe -- filed a civil lawsuit Dec. 29 against the three men, seeking damages resulting from sexual assault and battery. The lawsuit also names Greg Haidl’s father and step-mother, Don and Kathleen Haidl; Greg Haidl’s mother, Gail Haidl; defense attorney Joseph Cavallo; and defense investigators Shawn Smigel and John Warren.