Steff Posted July 1, 2004 Share Posted July 1, 2004 This is so sick. http://www.nbc4.tv/news/3468279/detail.html Jurors Said They Were 'Hopelessly Deadlocked With Strong Convictions' POSTED: 7:37 am PDT June 28, 2004 UPDATED: 7:49 pm PDT June 28, 2004 LOS ANGELES -- The judge declared a mistrial Monday in the gang-rape trial of an assistant sheriff's son and two other teenagers accused in the videotaped assault of a 16-year-old girl after jurors said they couldn't reach a verdict. Superior Court Judge Francisco Briseno made the ruling after jurors said they were deadlocked on every count. Jurors sent a note to the judge saying they were "hopelessly deadlocked with strong convictions" on all 24 counts in the case. The judge then asked each juror in court whether further deliberations would be helpful, and all said no. Briseno said the defendants could be charged again and that double jeopardy would not apply. The three teens are charged with drugging and raping the 16-year-old girl in July 2002, during an encounter they recorded on a videotape that was the central evidence in the trial. Defense attorneys argued that the girl was pretending to be unconscious during the videotaping and had consented to the sex acts. Gregory Haidl, 18, and Kyle Nachreiner and Keith Spann, both 19, are charged with 24 felony counts, including rape by intoxication or force and assault with a deadly weapon, a pool cue. They face up to 55 years in prison if convicted of all charges. "I think it would be very difficult to get 12 honest people to agree on a verdict in this case. It's just too emotional," said Nachreiner's attorney John Barnett, who also represented one of the police officers acquitted in the 1992 in the Rodney King case. Jurors began deliberations Thursday morning by asking the judge to allow them to again view the videotape. They later asked whether they should continue if they were unable to reach a verdict on the first count, rape by intoxication. Briseno directed them to continue. Later, jurors asked to hear the testimony of medical experts, one for the defense and one for the prosecution, who gave conflicting accounts of whether the alleged victim was conscious in the video. The July 2002 incident occurred inside the coastal home of Haidl's father, Don, a wealthy businessman and assistant sheriff, who was not home at the time. In the video, the defendants can be seen assaulting the girl with various objects. The woman testified in the case that a day before the alleged assault she willingly had sex with two of the accused, Haidl and Spann, and kissed Nachreiner. She said she returned the next night to see Spann, but quickly became dizzy and collapsed after drinking a blue-green drink that Nachreiner gave her. NBC4's Vikki Vargas said it's uncertain if the district attorney will retry the case. Quote Link to comment Share on other sites More sharing options...
Steff Posted July 1, 2004 Author Share Posted July 1, 2004 But at least they are going to retry them. http://www.nbc4.tv/news/3472788/detail.html Orange County Prosecutors To Seek Retrial In Gang-Rape Case Jurors 'Hopelessly Deadlocked' On All Counts In First Case POSTED: 7:38 am PDT June 29, 2004 UPDATED: 6:07 pm PDT June 29, 2004 LOS ANGELES -- Prosecutors announced Tuesday they plan to retry an assistant sheriff's son and two other teenagers accused of the videotaped gang rape of a 16-year-old girl. A mistrial in the case was declared Monday after jurors told Superior Court Judge Francisco Briseno they were "hopelessly deadlocked" on every count. A hearing was scheduled for Aug. 6 to set a date for a second trial. Gregory Haidl, 18, and Kyle Nachreiner and Keith Spann, both 19, were charged with 24 felony counts, including rape by intoxication or force and assault with a deadly weapon, a pool cue. They face up to 55 years in prison if convicted of all charges. Prosecutors say the girl was drugged and raped by the three who videotaped the assault. Defense attorneys say the sex was consensual. Haidl is the son of Orange County Assistant Sheriff Don Haidl, and the taping took place in July 2002 at the elder Haidl's home while he was away. "With the presence of a videotape showing that someone is raping an unconscious girl, there is no other choice but to retry this case," Orange County district attorney spokeswoman Susan Kang Schroeder said Tuesday. District Attorney Tony Rackauckas agreed and said, "I can't even imagine not going forward without another trial." Schroeder said the woman on the tape, who has been identified in court as "Jane Doe," has told prosecutors she is willing to take part in another trial. She testified during the first trial that the day before the taping she willingly had sex with Haidl and Spann and kissed Nachreiner. The next night, she said, she collapsed after consuming a drink Nachreiner offered her. The tape, which jurors viewed, shows the defendants sexually assaulting the girl with various objects. Defense attorneys argued that the girl aspired to be a pornography star and pretended to be unconscious during the videotaping. Quote Link to comment Share on other sites More sharing options...
UICJason Posted July 1, 2004 Share Posted July 1, 2004 How can this be difficult? "She was pretending and had consented?" Give me a break, that's the weakest defense I've heard, and it worked, too. Jesus. Quote Link to comment Share on other sites More sharing options...
Queen Prawn Posted July 1, 2004 Share Posted July 1, 2004 How can this be difficult? "She was pretending and had consented?" Give me a break, that's the weakest defense I've heard, and it worked, too. Jesus. I'm glad to see I wasn't the only one who thought this. Quote Link to comment Share on other sites More sharing options...
southsider2k5 Posted July 1, 2004 Share Posted July 1, 2004 How can this be difficult? "She was pretending and had consented?" Give me a break, that's the weakest defense I've heard, and it worked, too. Jesus. "If it doesn't fit, you must aquitt." Quote Link to comment Share on other sites More sharing options...
JUGGERNAUT Posted July 1, 2004 Share Posted July 1, 2004 Very damaging: The woman testified in the case that a day before the alleged assault she willingly had sex with two of the accused, Haidl and Spann, and kissed Nachreiner. She said she returned the next night to see Spann, but quickly became dizzy and collapsed after drinking a blue-green drink that Nachreiner gave her. Be that as it may, if the laws of that state see this as jail bait then they should at least be convicted for that. Quote Link to comment Share on other sites More sharing options...
Steff Posted July 1, 2004 Author Share Posted July 1, 2004 Damaging, bulls***. Just because she had sex the day before I hight doubt she would have consented to what took place that day. "In the video, the defendants can be seen assaultin the girl with various objects" Yea... having a pool cue, juice bottles, lit cigarettes, etc.. shoved where they don't belong sounds like fun.. she probably asked for it, right Jugger. :headshake Quote Link to comment Share on other sites More sharing options...
JUGGERNAUT Posted July 1, 2004 Share Posted July 1, 2004 Damaging, bulls***. Just because she had sex the day before I hight doubt she would have consented to what took place that day. "In the video, the defendants can be seen assaultin the girl with various objects" Yea... having a pool cue, juice bottles, lit cigarettes, etc.. shoved where they don't belong sounds like fun.. she probably asked for it, right Jugger. :headshake Steff, you misunderstood me. Personally I believe she probably was drugged & it was against her will, but I can't ignore the fact that she had sex with 2 of the same men the night before. Without question that fact damages her defense. Is the age of consent 16 in Orange County? Because I'm surprised it's not mentioned & definitely think it's a major factor in this case. If she's underage then it doesn't matter whether she consented or not. Quote Link to comment Share on other sites More sharing options...
Steff Posted July 1, 2004 Author Share Posted July 1, 2004 Steff, you misunderstood me. Personally I believe she probably was drugged & it was against her will, but I can't ignore the fact that she had sex with 2 of the same men the night before. Without question that fact damages her defense. Is the age of consent 16 in Orange County? Because I'm surprised it's not mentioned & definitely think it's a major factor in this case. If she's underage then it doesn't matter whether she consented or not. What does it matter who or how many people she had sex with..? Prostitutes can be raped, no? One of my good friends in HS had sex with her ex husband... the next night he came around looking for some more.. she refused.. he raped her. Because she consented the day before her story should be questioned? Quote Link to comment Share on other sites More sharing options...
IlliniKrush Posted July 1, 2004 Share Posted July 1, 2004 Steff he's not saying it's right but that has to hurt the case someway somehow. That certainly makes plenty of sense Quote Link to comment Share on other sites More sharing options...
Steff Posted July 1, 2004 Author Share Posted July 1, 2004 Steff he's not saying it's right but that has to hurt the case someway somehow. That certainly makes plenty of sense I understand the thought process. I'm not questioning his opinion on it. But, IMO, it's bulls***. Quote Link to comment Share on other sites More sharing options...
JUGGERNAUT Posted July 1, 2004 Share Posted July 1, 2004 I understand the thought process. I'm not questioning his opinion on it. But, IMO, it's bulls***. Steff, try to imagine that you are an impartial juror. You've just learned that she had sex with two of the three guys accused of raping her the night before. Then you hear she was infatuated with the one so much that she agreed to meet him again. As a juror these men no longer are "strangers" to this girl. That makes a big difference in the case. As an example consider the two highest profile rape cases of recent times: Mike Tyson & Kobie Bryant. Now imagine that the very night before the alledged rape the girl willingly consented to sex with them. How do you think that affects those rape cases? If I were the prosecutor in this case I would hammer to the jury that she was only 16. I would bring forth medical experts in the field of psychology that would strongly suggest that any mention of consent on her part is fallous. Consent requires being of sound mind & body. The use of drugs in this case is paramount in that regards. Now again I'm unfamiliar with the laws of Orange County, but even if age of consent is 16 the prosecutor can still make his case based on the sound mind & body argument. I would be surprised if they are free of criminal charges for providing the drugs & alcohol to her. Quote Link to comment Share on other sites More sharing options...
Steff Posted July 1, 2004 Author Share Posted July 1, 2004 Steff, try to imagine that you are an impartial juror. You've just learned that she had sex with two of the three guys accused of raping her the night before. Then you hear she was infatuated with the one so much that she agreed to meet him again. As a juror these men no longer are "strangers" to this girl. That makes a big difference in the case. As an example consider the two highest profile rape cases of recent times: Mike Tyson & Kobie Bryant. Now imagine that the very night before the alledged rape the girl willingly consented to sex with them. How do you think that affects those rape cases? Then I would look at it as "date rape". If, or how many times, she had sex with the accused matters none to me. I'm able to look at the events of that day and not the previous. Just me. Tyson never should have been found guilty. That was planned and that woman should have her ass kicked. As for Kobe.. I believe he took advantage of that girl. Quote Link to comment Share on other sites More sharing options...
RibbieRubarb Posted July 1, 2004 Share Posted July 1, 2004 Anyone got a link to the video?? Quote Link to comment Share on other sites More sharing options...
baggio202 Posted July 1, 2004 Share Posted July 1, 2004 What does it matter who or how many people she had sex with..? Prostitutes can be raped, no? One of my good friends in HS had sex with her ex husband... the next night he came around looking for some more.. she refused.. he raped her. Because she consented the day before her story should be questioned? it does matter steff...this girl had sex with 2 guys in one night..kissed a 3rd and then came back for more...there are 12 people sitting on the jury who know nothing at all about all the people involved...you really think they arnt going to look differently at the girl after they find out she was doing two of them at the same time??? because she already had sex with them the defense that she wanted to do this does hold some merit..maybe the girl did consent to this then afterwards thought of the reprecussions and maybe her family seeing this video tape and then panicked and said she was drugged and rapped...her behavior the night before makes it easier for the jury to come to a conclussion that its not that much of a stretch for this girl to do this if the night before she was already willing sleeping with two of the defendants i dont know how you can be so sure that it was rape...im not sure what to make of this case because i havent seen all the evidence...obviously there was enough conflicting evisdence to deadlock a jury..but from i have seen it looks to me like all 4 really need some kind of counseling cause they all are pretty much morally bankrupt... Quote Link to comment Share on other sites More sharing options...
Steff Posted July 2, 2004 Author Share Posted July 2, 2004 Oh.. I don't know baggs.. maybe because there is a f***ING VIDEO TAPE of her unconcious being raped with a pool cue.. a bottle.. being slapped, punched, pinched, etc... Quote Link to comment Share on other sites More sharing options...
1549 Posted July 2, 2004 Share Posted July 2, 2004 Anyone got a link to the video?? Oh s***, that is so wrong. Quote Link to comment Share on other sites More sharing options...
YASNY Posted July 3, 2004 Share Posted July 3, 2004 Oh.. I don't know baggs.. maybe because there is a f***ING VIDEO TAPE of her unconcious being raped with a pool cue.. a bottle.. being slapped, punched, pinched, etc... Apparently, the jury could not come to the conclusion that the accused were guilty beyond a reasonable doubt. Considering that they actually were in the courtroom, and heard both sides of the case presented I don't see what's so sick about there being a mistrial. Isn't that the way the system is supposed to work? Quote Link to comment Share on other sites More sharing options...
Steff Posted July 3, 2004 Author Share Posted July 3, 2004 Apparently, the jury could not come to the conclusion that the accused were guilty beyond a reasonable doubt. Considering that they actually were in the courtroom, and heard both sides of the case presented I don't see what's so sick about there being a mistrial. Isn't that the way the system is supposed to work? The crime is what's sick. Yea.. that's the way the system is supposed to work. Guilty people are supposed to be behind bars, and innocent folks free as a bird. Worked for OJ, right? Quote Link to comment Share on other sites More sharing options...
YASNY Posted July 3, 2004 Share Posted July 3, 2004 The crime is what's sick. Yea.. that's the way the system is supposed to work. Guilty people are supposed to be behind bars, and innocent folks free as a bird. Worked for OJ, right? If a crime was in fact committed, yes it's sick. And if not, then they are all sick. The point is that they haven't been found guilty, yet. Quote Link to comment Share on other sites More sharing options...
Steff Posted July 3, 2004 Author Share Posted July 3, 2004 I guess we could go back and forth on this till we're blue in the face... How about.. MO, it's sick behavior no matter what. Quote Link to comment Share on other sites More sharing options...
baggio202 Posted July 3, 2004 Share Posted July 3, 2004 I guess we could go back and forth on this till we're blue in the face... How about.. MO, it's sick behavior no matter what. we agree there...there was definaltely sick behavior with everyone involved..and if these guys did in fact commit this crime i hope they are charged again and prosecuted to the fullest extent of the law...either way..whether it was rape or consenual by the girl , i hope she gets the therapy she needs...because if it was rape then of course she has alot of issues to deal with there..and if it wasnt rape then she's really got problems Quote Link to comment Share on other sites More sharing options...
DBAHO Posted July 3, 2004 Share Posted July 3, 2004 I guess we could go back and forth on this till we're blue in the face... How about.. MO, it's sick behavior no matter what. Absolutely it's sick behaviour and shouldn't be tolerated whatsoever. Hopefully they can decide on a verdict soon enough, so the victim and her family can find some closure and move on. Quote Link to comment Share on other sites More sharing options...
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