Videotape allowed in teen gang rape case

Deepa Bharath

A judge on Monday brushed aside three motions filed by defense

attorneys for an Inland Valley teen accused of raping an unconscious

girl at his father’s Corona del Mar home, including one involving a

key piece of evidence.

Joseph Cavallo, the lead attorney for Gregory Haidl, son of

Assistant Sheriff Don Haidl, filed several motions, including those

alleging “outrageous prosecutorial misconduct.”

On Monday, Judge Francisco Briseno denied a motion to suppress a

central piece of evidence in the case -- a 20-minute video allegedly

made by Greg Haidl and the other defendants, Kyle Nachreiner and

Keith Spann, that captures the incident in lurid detail.

The defense had filed the motion saying that the tape had been

stolen by the defendants’ acquaintance and handed over

inappropriately to a Pasadena police officer.

But Briseno denied the motion, saying that the defense attorneys

did not have “enough facts” about how the tape was taken and given to

officials. But the judge also said that the defense could refile that

motion if they got more information.

The judge decided to leave the motion alleging prosecutorial

misconduct on the part of deputy district attorneys Jana Hoffmann and

Camille Hill pending because neither of them are still involved in

the case. Hoffmann, who was originally prosecuting the case, is on

maternity leave. Hill is not one of the trial attorneys in the case.

The defense argued that Hill be taken off the case because she

interfered with defense attorneys’ access to their client and

personally instructed a crucial witness not to speak with or answer

any questions posed by defense attorneys.

Cavallo argued on Monday that Hoffmann had illegally obtained an

order to prevent the victim from giving a deposition in a civil case

filed by Greg Haidl’s mother in a San Bernardino court.

Deputy Dist. Atty. Brian Gurwitz said Hoffmann had “made a legal

error” that was rectified when the judge who had issued the order

struck it.

“We don’t believe there was misconduct,” he said.

Cavallo called Hoffmann’s conduct “malicious.”

“Hoffmann is an experienced lawyer,” he said. “She knows what she

is doing. This was Jana Hoffmann at her best invoking herself in a

civil case where she had no business.”

Cavallo filed another motion on Monday asking that the judge take

the Orange County district attorney’s office off the case and refer

it to the state attorney general’s office.

The motion characterizes Orange County Dist. Atty. Tony Rackauckas

as a “political opportunist” who overcharged Greg Haidl because he

wants to show voters that he can prosecute the son of Don Haidl, a

high-ranking official, who donated money for Rackauckas’ campaign.

The motion also states that Greg Haidl has been “singled out for

harsh treatment” so that “the District Attorney, who has been accused

of corruption and misconduct in office, can appear in a high profile

case to be a strong prosecutor who is tough on sex crimes and achieve

a level of redemption he needs in order to ensure his own political

survival.”

Deputy Dist. Atty. Susan Schroeder said the motions filed by Greg

Haidl’s defense team are “frivolous.”

“It’s only defense attorneys for one defendant who seem to be

filing all these motions when there are three defendants involved in

this case,” she said.

Schroeder said that the district attorney had checked out the

“conflict of interest” issue now being raised by defense attorneys.

“We had checked with the attorney general’s office when we got the

case if there was a conflict of interest,” she said. “And [the

attorney general] had said there was no conflict although Don Haidl

was a donor and a supporter of the Rackauckas campaign.”

Schroeder said Greg Haidl is “being treated exactly like his

co-defendants and other defendants who are charged with such crimes.”

“These motions are nothing but an attempt to take the attention

from the case and the violent nature of the crime,” she said. “We’re

looking forward to taking this case to trial and getting justice for

a 16-year-old girl who was disrespected and violated.”

The district attorney announced Monday that his office would

investigate an Oct. 26 incident in which Orange County sheriff’s

deputies reportedly gave Greg Haidl preferential treatment, not

booking him for drug possession after they found him and two other

friends in possession of marijuana.

Rackauckas also said in a press release that the Sheriff’s

Department is going to stop its internal investigation on the matter

until his office has reviewed the issue.

Last week, Briseno threw out infliction of great bodily injury and

use of a deadly weapon charges -- both enhancements -- against Greg

Haidl and Nachreiner ruling out the possibility of life sentences.

They now face 55 years and four months in prison if convicted.

The next hearing is scheduled for Monday 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].