Defense rests in gang-rape trial

Andrew Edwards

Defense attorneys for three young men accused of raping an allegedly

unconscious girl in 2002 rested their case Thursday after calling

their final witness, a neurologist who testified that videotape

evidence shows the girl was a conscious and willing participant.

Greg Haidl, the now 19-year-old son of a former Orange County

Sheriff’s Department official, and Rancho Cucamonga residents Keith

Spann and Kyle Nachreiner, both 20, could face up to 23 years in

prison if convicted of raping and sexually assaulting the now

19-year-old woman with various objects.

The alleged rape happened during a party at the Corona del Mar

home of Haidl’s father, Don Haidl. The defendants videotaped the

incident.

Prosectors contend the videotape confirms the alleged victim,

known in court as Jane Doe, was unconscious during the incident. They

closed their case by calling to the stand a neurologist who testified

Doe’s movements on the tape were involuntary.

But the defense’s final witness, Cedars-Sinai Medical Center

neurologist Harris Fisk, testified Thursday that Doe’s responses to

minor stimuli indicated she was aware of her surroundings.

While being examined by defense attorney Joseph Cavallo, Fisk

testified that a portion of the tape that shows Doe brushing her hair

from her face shows she was aware of her environment. If she was

unconscious, Fisk said, having hair in her face would not have

triggered a reaction.

“What we’re seeing is a consciously controlled movement,” Fisk

said. “She cannot be stuporous.”

During cross-examination, Chief Assistant Dist. Atty. Chuck

Middleton asked Fisk if Doe was still conscious when a scene on the

videotape appears to show her falling off a couch during the alleged

rape. Middleton noted Doe did not appear to bring up her hands to

break her fall.

Fisk replied that Doe was not hurt by the near fall and, by

avoiding injury, appeared to control her body. Middleton contended

the tape showed only that one of the defendants prevented Doe from

falling.

“It wasn’t her holding her arms up; it was Mr. Nachreiner holding

her up,” Middleton said.

After the defense announced they would not call more witnesses,

Judge Francisco Briseno granted Middleton a hearing to decide if the

jury will hear testimony from one more witness, who Middleton said

could testify that Doe could have been assaulted without her

knowledge and still escape serious injury. On Monday, the defense

called on a colorectal expert who testified Doe’s lack of injuries

indicated consent.

Final arguments in the case were set to begin Wednesday. Last

year, a trial on the same case ended in a hung jury.