Separate Trials for Rape Suspects?

A judge ordered lawyers involved in the retrial of three young men accused of raping a 16-year-old girl in July 2002 to meet with him as soon as possible to discuss trying the defendants separately.

In a brief hearing Monday, Orange County Superior Court Judge Francisco P. Briseno questioned the feasibility of assembling the two prosecutors and three defense attorneys at the same time for a second trial.

“It was painful to get all of the attorneys together for the first trial,” the judge said. “It will be extremely difficult to do so again.”

Briseno also denied a defense motion to dismiss the case against Gregory Haidl, Kyle Nachreiner and Keith Spann, all 19. Defense attorneys contended that because the evidence didn’t convince the first jury, the judge should throw out the charges.

The first case attracted heavy coverage by the national news media, partly because Haidl is the son of an Orange County assistant sheriff and because of the graphic nature of the videotape the youths made of the alleged gang rape. Prosecutors said the alleged victim was unconscious.

“The video is an extremely probable piece of evidence in support of the pending prosecution,” the judge said. “Whether a jury in the future will be able to resolve the matter is something best left to the future.”

After the hearing, both prosecutors and defense lawyers said they hoped the three defendants would be tried together.

“It’s mostly cost-effective for three to go to trial at the same time,” said Pete Scalisi, Haidl’s lawyer. He added that despite the extra attention given his client, “the jurors see them as three equals in this.”

Still, prosecutors want to introduce several pieces of evidence that Scalisi said may force the defendants to split. One involves a statutory rape charge against Haidl, who prosecutors say had unlawful sex with another 16-year-old girl in July. Prosecutors also want to subpoena witnesses to talk about alleged guilt statements by Haidl and Nachreiner as well as an internship offer a defense lawyer allegedly made to a witness.

Trial is set to start Oct. 18, but Scalisi said the defense would probably not be ready until next year. But Deputy Dist. Atty. Susan Kang Schroeder told reporters that prosecutors would object to a lengthy delay.

“We’ll be ready on Oct. 18,” she said, “and we hope that the defense can be ready so we can get justice in this case.”