Impartial jury ‘difficult to find’

Marisa O’Neil

The publicity that a high-profile gang-rape trial gained the first

time around may make it difficult to find an impartial jury for its

retrial, scheduled to start later this month, the case’s judge said

Tuesday.

A prosecutor and defense attorneys met in Orange County Superior

Judge Francisco Briseno’s courtroom Tuesday to lay the groundwork

leading up to the scheduled Jan. 31 start of the retrial.

The first trial of Kyle Nachreiner, Keith Spann and Greg Haidl,

son of former Orange County Assistant Sheriff Don Haidl, on charges

they gang-raped a 16-year-old girl in 2002 -- when the boys were 17

-- ended in a mistrial after jurors could not reach a verdict.

That trial, and Greg Haidl’s subsequent run-ins with the law, were

followed closely by the media, including an episode of CBS’ “48

Hours.”

“Can we impanel a pool of jurors that are prepared to give both

sides a complete and fair hearing?” Briseno said in court Tuesday.

All three defendants were present with their attorneys in the

courtroom.

Greg Haidl, 19, jailed for violating conditions of his bail, wore

a black sweater and brown trousers and was led into the courtroom,

wearing handcuffs, by a sheriff’s deputy.

If the court can’t find a pool of jurors who haven’t already made

up their minds about the case, the trial may have to be moved

elsewhere, Briseno said.

Defense attorneys on the case have criticized the media for the

attention focused on the trial, particularly on Greg Haidl.

“The publicity has been one-sided,” said Tom Dunn, an attorney for

Greg Haidl. “There has been a flood of publicity. It was hard to find

people the first time around.”

Because the judge will have to consider a mountain of motions

filed by both sides before the trial, the first stages of jury

selection will start next week to see if enough impartial jurors can

be found.

Starting Monday morning, the court should screen 150 jurors a day,

Briseno said.

By Jan. 18, attorneys and the judge should have an idea if they

can pool a jury, he said.

Prosecutors, on the other hand, aren’t worried about finding a

suitable jury.

“We’ll have no problem with Orange County at all,” Chief Assistant

Dist. Atty. Chuck Middleton said. “It’s the second-biggest county

around.”

Attorneys will meet today and tomorrow to hammer out the lengthy

questionnaire prospective jurors must complete.

Defense attorneys estimated that once it starts, the retrial may

last well into March.

* MARISA O’NEIL covers public safety and courts. She may be

reached at (714) 966-4618 or by e-mail at [email protected].