Closing arguments next as rape-trial sides rest

Deepa Bharath

Prosecution and defense teams rested their cases Thursday afternoon

in a high-profile trial involving three teenagers accused of raping

an unconscious 16-year-old girl.

Prosecutors say Greg Haidl, son of Orange County Assistant Sheriff

Don Haidl, Kyle Nachreiner and Keith Spann raped the girl, identified

only as Jane Doe, and sexually assaulted her with various objects at

the assistant sheriff’s Corona del Mar home.

The defendants also made a videotape of the incident, which has

been played for jurors and other expert witnesses during the trial.

The jury trial began on May 3.

On Thursday, the prosecution presented Brad Hagen, a new video

expert, to interpret the “frozen frames” or blackout in the digital

videotape as well as a “flutter” in the end of the tape. Joe

Micalizzi, the defense’s video expert, had testified that the tape

was very likely a copy and missing several minutes of footage.

David Dustin, who previously testified for the prosecution, has

said he believes the tape is an original and that the flutter was

probably caused by sudden loss of power to the camera.

Hagen showed jurors through an experiment he conducted that the

flutter on an original looks different from one on a copy.

“The image goes back and forth in a copy,” he said.

Hagen demonstrated using a different tape that officials had

confiscated from Greg Haidl, which had skateboarding action on it.

Then he showed jurors the sex tape and a copy of it to prove his

point that the flutter in the original skateboarding tape was

consistent with the flutter in the original tape of the alleged

gang-rape.

Nachreiner’s attorney, John Barnett, who cross-examined Hagen,

said he did not believe that the prosecution’s new witness

accomplished anything significant.

“Neither of the prosecution’s witnesses have been able to say for

sure that this tape is not a copy,” he said. “[Hagen’s] testimony

didn’t prove anything.”

Deputy Dist. Atty. Susan Schroeder declined to comment on the

testimony.

Earlier in the day, the defense brought back neurologist Harris

Fisk to rebut testimony of the prosecution’s expert, Peter Fotinakes.

Fisk said he believes the victim appeared to be conscious during the

incident. He observed that her movements as she was drinking beer in

the beginning of the tape were fluid and coordinated.

He also said the girl’s position on the pool table suggested she

was willing to receive the objects that were inserted into her.

Another defense witness, Marvin Corman, a specialist in colorectal

surgery, testified via satellite from New York City Thursday morning

to rebut the testimony of the prosecution’s Astrid Heger, who

observed that Jane Doe did suffer injuries as a result of the sexual

assault. Corman said he saw no injury except the one caused by the

examining nurse, who he said inappropriately used a cotton swab.

Judge Francisco Briseno, on Thursday, also denied the defense’s

motion to not admit the tape into evidence based on the allegation

that Deputy Dist. Atty. Dan Hess inappropriately took the original

tape from the evidence basket to show it to Hagen without Micalizzi

or any of the defense attorneys present.

In a rare event in jury trials, Hess took the stand on Wednesday

outside the presence of the jury and told the judge that he did ask

the clerk for the original tape and showed it to Hagen in the jury

room. Briseno told defense attorneys that he was concerned Hess had

neither sought the permission of the court to show the evidence or

informed defense attorneys that he was going to do so, but said he

didn’t believe the prosecutor’s actions affected the case in any way.

Attorneys are expected to make their closing arguments on Tuesday.

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

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