Misconduct alleged in rape case

Deepa Bharath

The attorney for one of three teenagers accused of gang-raping an

unconscious 16-year-old girl at a Corona del Mar home last July filed

a motion on Tuesday alleging prosecutorial misconduct.

Joseph Cavallo, who is defending Greg Haidl, asked in his motion

that the case against his client be dismissed because the Orange

County district attorney’s office “overcharged” Haidl and failed to

give Cavallo information about the case.

Haidl, the son of Orange County Assistant Sheriff Don Haidl, Keith

Spann and Kyle Nachreiner -- who were all 17 at the time of the

incident -- face 24 counts. Spann and Nachreiner face enhancements

for allegedly inflicting great bodily injury to the victim and using

a deadly weapon -- in this case a pool cue -- to penetrate her.

Orange County Superior Court Judge Everett Dickey in January had

ruled that there was enough evidence in the case for the Rancho

Cucamonga High School students to stand trial after watching a

20-minute videotape the teens made that captured the incident in

lurid detail. The incident reportedly happened in Don Haidl’s Corona

del Mar home.

Cavallo said on Wednesday that prosecutors have prevented him from

talking to an expert they are using in the case. He added that the

district attorney’s office also intervened in a civil case filed by

Greg Haidl’s mother in San Bernardino County and tried to protect the

victim from giving a deposition in the case.

“If you’re afraid of your key witness testifying, then why

prosecute the case at all?” Cavallo asked. “The prosecution has an

obligation to seek the truth, not to win.”

Deputy Dist. Atty. Susan Schroeder called Cavallo’s motion

“laughable,” adding that the district attorney’s office has not been

officially served the motion yet.

Schroeder said the case was serious enough for Dickey to comment

during his ruling that he believed that the teens had treated the

victim “like a piece of meat.”

“We have validation from a judge that our case has merit,” she

said.

Cavallo also said that the prosecution has been “unfair” in

charging Greg Haidl.

“This is a boy who’s had no criminal record, and they want him to

serve life in prison,” he said.

Greg Haidl faces a maximum of 104 years to life in prison if

convicted of all charges.

“In my professional opinion, there is no chance any jury would

convict defendant [Greg] Haidl on all counts and find all the

enhancements to be true,” Cavallo stated in his motion.

Schroeder said that she looks forward to the trial.

“We look forward to proving all charges beyond a reasonable

doubt,” she said.

Cavallo also alleged in his motion that the district attorney’s

office was much too late in providing information relating to the

case, which he said was inappropriate.

“There was information that they had in September that they gave

me only in March,” he said.

The motion is scheduled to be heard on July 25 at the Central

Justice Center in Santa Ana.

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at [email protected].