Rape trial defense set to present case

Marisa O’Neil

Defense attorneys will begin presenting their case Monday in the

retrial of three young men charged with gang-raping a 16-year-old

girl when they were teenagers.

Rancho Cucamonga residents Kyle Nachreiner and Keith Spann, both

20, and 19-year-old Greg Haidl are accused of raping the girl at a

2002 party and sexually assaulting her with various objects.

Prosecutors, who say the girl -- known in court as Jane Doe -- passed

out after drinking too much and did not give consent, rested their

case on Wednesday.

Defense attorneys contend Doe was a hard-drinking, hard-partying,

promiscuous girl who willingly took part in the videotaped encounter.

Thus far, they have attacked her credibility and inconsistent

testimony given in the first trial -- which ended with a hung jury --

and in the current trial.

The defense’s case will include a number of former friends

testifying against Doe, Haidl attorney Pete Scalisi said. Their

testimony will discredit Doe and show that she habitually lies,

Scalisi said.

“Her reputation in the community in which she lives is a

reputation of being a dishonest person,” Scalisi said.

Defense attorneys won’t, however, be able to call another former

friend, Joey Cervantes, to the witness stand. Judge Francisco Briseno

ruled on Thursday against letting him testify.

“He would have been a very powerful and helpful witness to the

defense in terms of showing the true character of Jane Doe,” Scalisi

said.

Their case will also include testimony by a doctor who examined

Doe after the alleged assault and a neurologist who will argue that

on a videotape of the incident, Doe appears conscious enough to have

protested if she wanted to.

A neurologist who testified for the prosecution said Doe appeared

unconscious or only semiconscious on the tape.

Briseno also denied a motion by lawyers for the Daily Pilot, the

Los Angeles Times and the Orange County Register to allow reporters

to view the 21-minute videotape of the alleged rape. Only jurors --

who were shown the tape in court last month -- and parties directly

involved with the case have seen the video.