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Haidl 6-6-6: Defense still victimizing the victim

Briseno called it: the defendants' claims of remorse were indeed insincere.

In the morning we heard the defendants and their supporters apologize to Jane Doe and her family. They offered help. They promised to change. They took responsibility.

A few hours later, before sentencing the Haidl 3, Judge Briseno said he attributed the remorse to "self-pity" because they were so likely headed to prison. And indeed, when he sentenced the Haidl 3 to six years each in a state prison--plus lifetime registration as sex offenders--the awkward honeymoon was over.

Speaking at the post-sentencing press conference, Haidl attorney Al Stokke said, "Yes, we will appeal the sentence and the conviction."

He went on to say that his client, who will serve just 21 months of actual prison time, "is a very mature person now."

John Barnett, attorney for Kyle Nachreiner, took the microphone next. "Everybody lost today. There were no victors," he complained. "It's hard to put a pretty face on state prison for teenagers." Nachreiner is now 21.

But Keith Spann's attorney, Peter Morreale, pulled out the sharpest knife. He called Judge Briseno's sentence "a bit excessive," then called him an excellent judge and took aim at District Attorney Tony Rackauckas. It was not Spann who should be ashamed, he said, but the DA. "The way the prosecutor's office pursued this matter was unconscionable," Morreale said. "There was a political agenda that drove this case. A lot of politics were involved. It should have been handled professionally." In answer to a reporter's question, he called the prosecution "a witch hunt." He blamed the DA for "dragging everyone through the mud, including the victim."

It was Morreale who, in court, famously asked Jane Doe if she liked to swallow after oral sex.

Sheldon Lodmer, the civil lawyer for Jane Doe, applauded the DA, saying Rackauckas showed "a lot of fortitude." He said the defense had lost the trial in part because of "dastardly attacks on my client." He said Jane Doe and her family were pleased that the judge sentenced the Haidl 3 to state prison, but had not had time to digest the prison terms.

Assistant DA Chuck Middleton, who won the second trial, shot back at the defense. "Even today," the prosecutor said, "the defense is still victimizing the victim." He said he had hoped for longer sentences.

DA Rackauckas said, "This case captured the county and the country's attention because of the defense's relentless and ruthless win-at-all-costs actions before, during and after the trial."

Comments (36)

  1. CAS says:

    Oh God I do hate these defense lawyers!

    How can it be a witch hunt when there is a videotape of 3 guys repeatedly raping and assauling an unconscious person?

    Let's hope Jane gets all of Don's millions as well.

  2. Richard says:

    Not everyone was a loser! The defense attorneys walked away with their pockets full of Don Haidl's money. However, they will always be known as scumbag, court trial losers...how can their families live with them?

  3. Debby Bodkin says:

    As a mother of 3 daughters, the 2 public jury trials and the revictimization of Jane Doe was beyond heartbreaking. No one won in this case. No amount of prison time and no amount of money will take away the pain.

    I have one question -- the DA prosecuted crimes committed by minors in adult criminal courts and failed to get a conviction on the charge that qualified the case to be tried in adult courts.

    Who made the decision to drag Jane Doe, the 3 boys and their families through the muddy waters of two public adult trials versus extending the juvenile criminal process and privacy to those involved?

    It is with deep sadness that the DA did not exhibit this same prosecutorial passion in prosecuting predatory priests and Diocesan employees, who were adults molesting minor children and/or covering up the sex abuse crimes until statutes of limitation expired.

    No prosecution by the DA means no conviction; no conviction means children are not protected from sex abuse crimes in the future; and sexual predators will never be required to register as a sex offender.

    Children cannot protect themselves.... and the DA has proven his passion in fighting against sexual assault crimes. Who, when and what determines prosecutorial decisions that will ensure the safety of all persons equally in the OC?

  4. JD says:

    I feel for the victim. Now these three may know what it will feel to be victimized by their fellow prisoners in the hoosegow.

  5. cj says:

    had the tape NOT been found wouldn't they have all been better of?!?! is that a serious statement??

    well let's see...after the physical damage that was done to Jane Doe (as in ripping, internal burns and bruising) and the humiliation of the "boys" bragging to friends...um, ya...let's see....looks like the only people that would have benefited would be the debased monsters that would even think that sticking a pool cue up a girl's vagina until they could feel it at the top of her uterus was a normal or "fun" thing to do.

    how do you possibly feel sorry for people who feel it's morally acceptable and funny to violate an unconcious person?!

    it's remarkable how a girl will be known as a slut but the guy who is happy to watch or participate is a stud....it's this type of thinking that makes it so difficult for women of any age to come forward about being sexually abused.

    i hope you have a daughter one day steve, hopefully it will give you a new perspective.

  6. Steve says:

    as bad as this was, i still have sympathy for these boys. as guys we have all known a girl in high school that was easy. this girl would have done all 3 had she been conscious. she's a slut. the degrading part was rephrehensible, but i doubt she would have cared. we all khow girls like that. prostitutes don't look at sex as a crime, but as a business. these boys and the girl are forever destroyed and they only have one life. had the tape never been found, wouldn't they all be better off?

  7. Rusell says:

    So, if the victim had been your mother, Steve, that would have made it a crime...?

  8. Traci Todd says:

    Let's face the facts.
    The thrillsome threesome, whom acted so brave and so sick that dreaded evening, got off light.
    With early release programs, where prisoners get double credit for days served if they behave in prison and have a job.
    Those "boys" will be out roaming the street and seeking their revenge on the young American woman whom was brutally sodomized on that terrible night.

    I long to hear the screams of pleasure that will bellow from the cells that the Haidl-3 will sit in.
    All of that male-male love. It is apparent to me as a behaviorist, that these "boys" really were telling the people of the world that they wanted to be in an environment that has only men.( OC with their beautiful women was just too much),. Very very dirty men. Men whom like young male flesh. Remember the merriment and joy "the boys" had when the hurt and took advantage( sic.), of that poor girl. Compare that merriment to the joy the jailhouse men will have with the boys-3 of OC.

    Greggy, sometime when you are on all fours and are "really having it put to ya", remember all of us on the outside whom are rooting for you to not only be ripped up. But, we also hope that you catch something while your in there with your new all male living conditions.

    cell love by a man for a man...

    Post Scriptum: I hope the food is awful and that you also catch head lice and enjoy your male to male love that so richly awaits you....

  9. Emily says:

    That's a little harsh, Traci Todd. They deserve to be punished but to wish such things on them is pretty out there IMHO.

    Briseno should've given Haidl more time. To think he could be eligible for parole in as little as 22 months is scary. The state shrinks pointed out how dangerous these guys are. I sincerely hope Jane Doe can sleep easier and find some light at the end of this very, very dark tunnel. Here's to Jane Doe winning the civil case!


  10. William E Carpenter says:

    As a father and a man, I think that all three boys should be doing a little more than 6 years. They should be doing a min of 6 and a max of 12. This poor girl has a scar that will never go away, no doctor can remove it. She will always have it. As for Steve who has no respect for women nor is he a father judging from his comment, he should keep that crap to himself.

  11. Miguel says:

    Fuck south Orange County

  12. Joseph Felts says:

    I've been following this here in London, England for some time. I despise court trials that end up with solid enough evidence yet a paltry conviction. We have drivers who kill people while driving yet walk out of court with court fines as exposure of a supposed loophole leaves victims' families and friends distraught.

    Video tape evidence seems to still render a surer conviction less so, astonishingly, I point in reference to Rodney King's incident. You would practically have to predict an offence occurring and then drag judges and jury members to the scene to properly and quickly convict suspects. However, with Gregory Haidl, I mainly hoped no influence from his rich daddy would sway a just verdict and sentencing. I wished he and his co-defendants received more, Haidl comes out after 21 months. I hope something happens that keeps him back.

    Kyle Nachreiner's lawyer, John Barnett, said "Everybody lost today. There were no victors...It's hard to put a pretty face on state prison for teenagers." Advice for Nachreiner: simply do not get involved in such degrading, lurid acts and you wouldn't have to worry about prison. So simple, perhaps it's the kind of advice Nachreiner never had why he has to be waking up to someone else other than his family.

    Sweet dreams, Haidl 3.


  13. Karen Williams says:

    Six years is not mid term. Mid term for Haidl with exposure of 18 is 9 years to 12 years. Briseno, buckled at the end. Six years each gives them roughly 12 points and that's a minimum security level 2 prison = easy, lightweight time. Early eligibility date is not a given, it requires work, which requires discipline, not something Haild has a reputation for. He could stay in the nearly entire six years as he was on bail most of the time and didn't earn 1/3 or 1/2 jail credits like the other two who spent more time in jail. I'm glad to know that all three will be required to register as sex offenders, because they are vile rapists and no female is safe in their presence given their degrading views females. Three privledged, big boys who ganged up on a poor unconscious girl who they minimized by calling her a slut. And they were what? Haidly definatley deserved more time and so did the others. The defense attorneys are sickening and the reason people hate lawyers. Judge Briseno permitted them to act that way in a court of law.
    A big thanks for the superb, even awesome stories and rigorous, first rate investigative reporting by the diligent and very talented RScottMoxley, who kept us all timely informed with his facinating style of reporting. Many thanks to him. I believe that he had more guts and pure, raw bravado than any other character in this 'play'.

  14. Mike Oleson says:

    I actually got to go to work with a smile on my face this morning... Justice is so sweet. My deepest condolences to Jane. You did it, hun.

  15. Ricardo A. Perez, Esq. says:

    I missed work today to attend the entire sentencing hearing from start to finish. Haidl's teenage friends, of whom there were about 20 present in court, were rude, abnoxious and one even threatened to punch me in the back of the head because I dared to be in line in front of him and his bratty, self absorbed friends. Maybe they too feel that they can act with impunity. Hmm.. wonder where they got that idea? I REALLY wonder whether the "clever" defense team realizes that the manner in which they cross-examined Jane Doe and some of the unbelieveable things that their investigators and process servers are alleged to have done may have placed their clients in a worse position, sealed their fate, and possibly helped placed them on a bus directly to state prison?

  16. Jessica Lichtenfels says:

    It's great to see they get to spend some time in prison. I think they deserve way more than 6 years! Six years is nothing compared to a lifetime of living with being raped. Way to go Jane Doe. If only more women were as strong as you.

  17. Brad says:

    It doesn't take a genius to know right from wrong. I think they got off easy. If that was my daughter, I would be the one going to jail. I would have shown them what their fun feels like from the other end. I agree with Traci. The defense laywers would see some of me too.

  18. Mike Murphy says:

    I think they got what they all three deserved and to bad they didn't get more and I don't feel sorry for them one bit and I hope they all have a fun time where they are going.

  19. Ray says:

    Nice cristain values tracy todd.

    She knew exactlly what she was getting into, thats why they had to try these guys twice, how do they keep getting away with that ? they did go too far though, but 6 years or even 2 is way too excessive!

    and cj, a slut is a female stud.

    The nurse even said that your vagina will show signs of trama even if all you have is normal consenting sex. Be educated about these things so they can't sensationalize on you.

  20. CAS says:

    There is no way to "sensationalize" sodomizing an unconscious girl with a pool stick or putting a lit cigarette in her vagina.

    Nothing this straight A student could have possibly ever done in her entire life can minimize what they did to her.

    Don't forget, they weren't happy with just the gang rape, they showed it to their friends, they were proud of it!!! The judge was right, they wanted to degrade Jane Doe.

    The need to be in prison and that is where they are going. I am happy with 6 years, I would have been happy with 18 years as well.

  21. CLD says:

    I could not even imagine anyone defending those disgusting pieces of crap!!!I would dis-own those guys if they were my sons,or probably just beat the crap out of them and throw them in prison myself!The tape was pure evidence and the Judicial System failed Jane Do by not giving them the Maximum sentence.

    I cannot understand why people make retarded statements like Steve and Ray - no remorse or common sense! dumb f-cks!

    Kharma is gonna get you everytime.

  22. Danielle Dino says:

    No matter who Jane Doe is and how her character was at the time of this incident, these boys need to be punished for what they did. Otherwise, you can rob anyone because you don't like 'how' they made their money, you can kill someone for having a bad attitude, you can cry rape to an innocent man because he's a jerk and the list goes on. It doesn't matter what the victim was like- the crime is still a crime.

  23. gus unidos says:

    Cowards who perpetrate such horrors against the defenseless shall reap their just rewards in the court of prison justice. Must come as quite a stinging surprise to these pieces of scum who tried to duck, unscathed, under the umbrella of privilege. As a survivor, I feel a small sense of victory was won for this girl, bless her very courageous heart. Don't forget your lipstick, boys!! Enjoy.

  24. eerfzero says:

    honestly this was a waste of time. waste of money. waste of OUR money! seriously guys, the evidence is in the tape and they should've been convicted from day one. that's why i really don't understand the justice system.

    as for the lawyers for the 'haidl-3' were you guys seeing what everyone else in the world saw? even a blind man could see that these 3 assholes know what they were doing and ENJOYED every minute of it and for that i hope maybe one day you guys will know what it feels like to be on the end of a poolstick.

  25. Sister Mary Elephant says:

    Why was the girl unconscious? Did she have a seizure or take a fall?

  26. Debby Bodkin says:

    Justice would have been served almost IMMEDIATELY if the charges were handled in the Juvenile Court system. The video would have been viewed by a Judge, the case facts heard and the sentencing would have followed. The juvenile court process would not taken 4 years to complete and it would have been private.

    Jane Doe and her family would have been protected from the public media horror suffered. The defense team would have been able to defend the 3 boys without battling the public media's input and in private.

    Whoever made the decision to drag Jane Doe, Haidl, Nachreiner, Spann and their families through two adult public jury trials made a political decision.

    In this type of decision, no one ever understands the justice system which resulted in a Lose/Lose situation. Jane Doe's healing, as all other victims of abuse, is prolonged because of the continual revictimizations in a public court of law -- her courage is unbelievable and she will be in the prayers of many.

    Debby Bodkin, Founder

  27. Debby Bodkin says:

    As a Catholic, I try to look at all sides of social justices that are the core of human dignity, equally. Wasn't at the trials, do not know the boys or Jane Doe. Judge Briseno made a decision that considered all the facts, professional reports and personalities involved. Judge Briseno's decision regarding sentencing is respected and should stand as is.

    I agree that age is nothing but a number BUT our country does have laws relating to the treatment of juvenile crimes because minors are immature and they make bad choices.

    If age is just a number, then we should try all persons equally, no matter what the age of the person and throw out the juvenile court process totally.

    Or to make the justice system equally fair to all, adult sexually abusive priests and employees who molested innocent children and escaped court trials should NEVER be allowed protections relating to laws governing separation of Church and State or political influence.

    We have minors going to prison but yet, how many sexually abusive priests have never seen a courtroom and will never be required to register as sex offenders?

    My heart breaks for Jane Doe, I have 3 daughters. She will spend the rest of her life recovering from the trauma.....her courage and fight will allow others to speak out and the past 4 years are nothing more than a nightmare to all.

    There was a video tape -- the facts were evident. Two public adult jury trials were not necessary.

    It is my understanding that juvenile convictions and sentencing include confinement and extensions into adulthood, when the crimes fit.

    This 4 year case is heartbreaking and the lives of many will never be the same.

    Debby Bodkin

  28. Bella says:

    As a practicing Catholic, your statement is appalling Debby. In a case such as this, age is nothing but a number. These men had a distinctly adult understanding of what they were doing. And Jane Doe will now have at least the beginning blocks to rebuild her life because she participated in their conviction. Where there is hope there is strength.

    My prayer is not that they rot in prison, they simply won't be there long enough for that. I pray that the words of Judge Briseno will be fullfilled when he said, "They are marked men for life." And so it should be.

    We all have a pretty good idea of where they are going in the end. If they show the same amount of remorse when they go to bed at night as they did at sentencing, we can be sure that heaven holds no place for such creatures.

  29. CAS says:

    The only problem with putting them in the juvenile justice system is they wouldn't then have had any punishment and WE, the public would not know anything about the 3 disgusting rapist pieces of crap known as Greg Haidl, Keith Spann and Kyle Nachreiner.

    The choice to try them as adults was the correct one, it was again the 3 lying scum and their lawyers who dragged Jane Doe through the mud, their lawyers, their PI's and their antics.

    This defense team gave out her medical records to the press, why would anyone think they would have played by the rules under any system.

    They are STILL going to try and get the 3 out of jail, have the jury verdict thrown out so they can go on TV and say 'see, it was Jane's fault all along'

    They belong in prison, and I hope their time there is as hard as it comes.

  30. Roger says:

    Debby, I am shocked by what you post.

    How in the world can you possibly not justify the three to be tried as adults?

    It was THREE of them! This isn't a case of kids being kids. It is willful rape by young wealthy boys knowing EXACTLY what they were doing.

    You Debby Bodkin, should seek counseling from your priest. I cannot fathom any person of God siding with your viewpoint.

  31. Debby Bodkin says:

    Roger: I understand your views on trying the 3 boys as adults.... and you understand why there is concern that juvenile court privacy may have been better for Jane Doe as a victim... there are no correct answers and this is a tragedy no matter what opinion one has.

    I only wish your response included an opinion about how you feel as a Catholic, knowing that adult priests molested innocent children never saw a day in court, never went to prison and are not required to register as sex offenders. How does that make you feel?

    Your comments relating to advice that I seek the counseling of priest is always welcome; unfortunately, the priests I sought counseling from in the past are sex abusers and have left the priesthood. I am struggling daily to rebuild my faith as a Catholic.

    I never said the boys should escape legal consequences and their crimes should be disregarded. Somehow, you interpret a balance approach in trying a case that had a video tape as evidence is defending the 3 boys' crimes -- that is your interpretation -- not my intent.

    Best regards.

  32. Bella says:

    Debby I cannot fathom experiencing the utter evil of sex abuse by a priest and my heart aches for the people who have. But to mix these two completely seperate issues truly clouds the message.

    A political statement or not, I hope the fact that this was a public trial and that those barbaric men were tried and convicted as adults sends a message to teenagers out there. Welcome to life--if you want to act like an adult you will be treated like an adult. At least this time, the judicial system has backed up what good parents have been saying to their kids for years.

    Ultimately, someone with much more power than attorneys and judges will mete out the most appropriate punshment for these three. I'm certain they won't need jackets where they're going.

  33. Denilson says:

    The late Bradley Nowell penned the ode to the Haidl 3 perfectly:

    The moral of the date rape story,
    it does not pay to be drunk and horny..
    But that's the way it had to be,
    they locked him up and threw away the key.
    Well, I can't take pity on men of his kind,
    even though he now takes it in the behind.

  34. Rachel S says:

    I notice the only people who sympatize with the 3 boys are male themselves. I don't believe for a second that anyone who could do what they did to Jane never "'intended to cause (her) any pain.'" Furthermore, the only man in that court with any sense and wisdom is Briseno, for seeing that the only reason Haidl is sorry is because they got caught.

  35. Emily says:

    Debby I'm appalled! Did you forget that Haidl's family involved the media from the very begining? Did you forget how Haidl's legal team leaked Jane Doe's medical records to the media? I am a practicing Catholic and former Confirmation Class teacher at my former parish. Religion has nothing to do with this case. We're not talking about an adult committing a crime against a minor. They were all minors but due to the type of crime they were tried as adults. Sex is an adult decision. If they were old enough to commit a sex crime, they were old enough to be tried & sentenced as adults. It is tragic that all parties involved will be "marked" for life. It's too bad that the 3 men didn't take being "marked" into account that night. Justice has been served. All we can do is pray they are truly rehabilitated in prison, that they never commit another crime again and we can pray for Jane Doe to heal.

  36. Darryl says:

    If i am not mistaken CA. has 85% for serious crimes like this and they will have to serve 85% of there sentence with is about 5 1/2 years.

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