Do the crime; do the time

STEVE SMITH

They were guys who believed that they had found a girl who could be

drugged and taken advantage of.

So, that’s what they did in a Newport Beach location, believing

that she was a willing participant. That was the story told to the

police, particularly because the police had in their possession a

videotape of the entire escapade.

The tape was very clear. The female in the video was out cold --

no one could mistake her limp body for anything else.

Over the course of the trial, the defense tried to establish what

at least one of the guys thought -- that this was not a crime,

because it was his understanding that she knew all of this was going

to happen.

But this is not the case you think it is, even though it happened

in Newport Beach and even though a female was drugged, raped and

videotaped. This case, decided locally last summer, resulted in a

conviction of one of the two guys who committed the crimes. He

received a sentence of six years and is now in Wasco State Prison

awaiting transfer to another location. The other guy ran away.

The convicted rapist’s name is Allen Crocker, and I worked closely

with him for a year and a half -- before, during and after that

night.

I was there when Allen was first questioned by police, there when

he was handcuffed and led away and there when he was out on bail and

trying to hold his life together.

I was also there when the media discovered the crime and the trial

and were expected in our office in minutes. Because of my past and

current media exposure, such as it is, I was chosen to deal with them

when they arrived.

The TV crews got to Allen’s home, found out he wasn’t there but

then failed to follow the trail to his job. Too bad, because I was

looking forward to telling them to get lost.

Allen and I spoke about his trial, his defense and his life almost

every day.

While he was out on bail, Allen came to work every day that he did

not have some legal obligation. After his arrest, his commitment was

to his wife, for Allen was working on commission and part of their

income depended on his showing up to work, so he could make money.

Allen was good at his job. He was liked by everyone, because he

was hard-working, friendly and a team player. Allen was always ready

to help do whatever it took to get a job done. Most of all, Allen was

honest.

After his arrest and while he was awaiting trial, Allen and I

would talk about his increased faith. Although not what I would call

“religious,” Allen told me about his prayers. In return, I asked him

the tough questions, among them whether he would still be faithful,

praying and observant if he were to be acquitted.

Allen assured me that he was not a fair-weather believer.

The big difference between Allen’s case and that of the “Haidl 3”

is that Allen was worried. He was worried about being sent to prison

even though he believed that his accuser was not being forthcoming

with her version of the events. Allen was so sure of his version --

that this was a consenting act between adults -- that he willingly

turned over the incriminating videotape to police.

None of this means that Allen did not commit a serious crime and

should not have received the punishment he did.

Allen’s concerns forced him to conduct himself in a very humbled

manner. Unlike Gregory Haidl, who is accused of the same type of

crime as Allen and whose second trial on those charges is about to

start, Allen did not have a team of attorneys. Allen had only one,

and Allen did not have the resources for a “spaghetti defense.”

That’s the type of defense where you throw every argument on the

courtroom wall to see what sticks.

Gregory Haidl’s dad does have that kind of money, and he’s been

shelling it out liberally since his kid got busted. In return, his

son has had numerous encounters with the law and eventually got sent

to jail to await his new trial.

I thought of Allen while I read the reports that the Haidl defense

team is concerned about seating a jury for the retrial now about to

take place. And my guess is that they’re concerned not that they

can’t find anyone to convict the Haidl 3 but to find folks who will

acquit them.

In the end, it won’t matter. You can conduct yourself like a good

citizen before and after the crime or you can run around after the

crime acting like you’re invincible. To 12 people, it will not and

should not matter. If you did the crime, you should do the time.

* STEVE SMITH is a Costa Mesa resident and a freelance writer.

Readers may leave a message for him on the Daily Pilot hotline at

(714) 966-4664 or send story ideas to [email protected].