Retrial set for teens accused of gang-raping girl
By Samantha Murphy
Court TV
Tuesday, February 1, 2005

The retrial of three teens accused of gang-raping a 16-year-old girl at a Newport Beach, California, party is set to begin almost seven months after the first trial ended with a deadlocked jury.

On July 5, 2002, 17-year-olds Gregory Haidl, Kyle Nachreiner and Keith Spann videotaped themselves performing various acts on the girl, who is referred in court only as "Jane Doe." Some of the teenagers can be heard making lewd comments on the tape, laughing at times and using profanity to describe various sex scenes.

Prosecutors say the three San Bernardino natives, who were staying at the home of Haidl's father, waited until the alleged victim passed out from heavy alcohol consumption before filming the 21-minute sex video.

Haidl's father, Don Haidl, a wealthy businessman who was then serving as an assistant to the town sheriff, was not home at the time.

During last year's trial, prosecutors contended that the girl was seduced, manipulated, and given drugs and alcohol before passing out and being assaulted numerous times as she lay motionless on a pool table.

Defense attorneys described the teenage girl as a promiscuous and aspiring porn star who was acting out her fantasies and agreed to be videotaped.

Barnett, who represents defendant Nachreiner, agreed that the alleged victim drank heavily that night, but claims that she freely engaged in sexual acts with all three boys the previous night, July 4, 2002.

"Her friends saw her having sex in the pool in front of everyone," Barnett said. "She also slept with my client just five minutes after she met him."

The alleged victim and Spann were casually dating at the time.

At the beach house on July 5, Nachreiner offered the alleged victim a drink she readily accepted -- a 94-proof Bombay Sapphire Gin that she downed in a mere 10 minutes -- and soon passed out. The state claims the alleged victim had also smoked marijuana.

Although she consented to having sex with all three boys the night before, prosecutors claim she did not consent to any sexual acts on the night the tape was made.

Haidl has been arrested for marijuana possession in the past and now faces a statutory rape charge involving another 16-year-old girl he met at a celebration after the mistrial was announced, according to the local newspaper OC Weekly.

Because all the defendants will be tried as young adults, they face sentences ranging from probation to 23 years in prison. The retrial is expected to last up to two months.

Middleton expects "Jane Doe" will file a civil suit for emotional damages if the defendants are found guilty.

Full coverage of the entire trial can be found at:



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