"Haidl Three" Appeal Centers on Consent to Sicko Gang Bang

Haidl-Three_AP-Pool.jpg
AP pool photo
Kyle Nachreiner, Keith Spann and Gregory Haidl react at their 2006 sentencing.
The crux of the appeal the attorney for convicted gang rapist Gregory Haidl laid out before state appellate justices in Santa Ana this morning involved the consent of his victim.

But it was not whether 16-year-old Jane Doe had said to Haidl, "Yeah, go ahead and knock me out with gin, lay my unconscious body on a pool table and garage sofa in your father's swank Corona del Mar home and shove a Snapple bottle, a lit cigarette, an apple-juice can, a pool stick and your, Keith Spann's and Kyle Nachreiner's dicks and digits into my ass and vagina." No, the high-powered Santa Monica constitutional lawyer hired by Haidl's well-heeled dad, former Orange County assistant sheriff Don Haidl, wanted justices to believe that last-minute evidence the trial judge barred from being entered could have convinced jurors that the young men were led to believe they had her consent.


As mentioned in R. Scott Moxley's most recent Moxley Confidential column, the "Haidl Three," as the three were known, shot video of themselves doing the above recounted dirty deeds to Doe at a wild high-school party in 2002, admitted their guilt in hopes of lenient sentences more than three years ago and were released early from six-year sentences 14 months ago. But instead of slithering into obscurity, they've gone back to court--and the hot glare of the media--because one penalty each received sticks for life: the tag that they are sex offender.

After all, who wants to go door-to-door informing your neighbors that you are a sex offender and, when pressed for details, have to say that you were convicted of knocking out a 16-year-old girl with gin, sprawling her unconscious body on a pool table and garage sofa and shoving a Snapple bottle, a lit cigarette, an apple-juice can, a pool stick and your and your two friends dicks and digits into her ass and vagina while shooting video of it? That's sure to elicit uncomfortable stares at the Fourth of July block party.

And so, all three convicted felons were represented by attorneys in the California Court of Appeals to officially seek to have their previous admissions of guilt tossed out.

Dennis Fischer, representing Haidl, told the three appellate justices that his case came down to a federal constitutional issue: whether California's rape shield law has any limits under the U.S. Constitution.

The state law was cited by Superior Court Judge Francisco Briseño when he barred the testimony of last-minute defense witness Joey Cervantes, who was supposedly going to tell jurors about a lewd, consentual sexual experience with Doe the night before the Corona del Mar party that was witnessed by Spann and Haidl. Had the jury heard that, Fischer claimed, they might have believed the Haidl Three thought they had Doe's consent.

Fischer threw out the titles of several court cases that he said back up his contention, including a U.S. Supreme Court decision that came down two months after the defendants' convictions that cut eerily close to the proceedings in Santa Ana. Indeed, had the Supremes made their ruling before the convictions, Briseño would have had to allow the Cervantes testimony, according to Fischer. "Surely it would have changed the chemistry of the proceedings, and the judge would have ruled differently," he said.

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