Defendants in Gregory Haidl Gang Rape Case Lose Appeal to Stay Off Sex Offender List

April 7, 2010

Earlier in this decade, the Gregory Haidl rape case was a major news story in Southern California. The case concerned three young men who were charged with the gang rape of an unconscious 16-year-old girl at Haidl's house in Corona del Mar. Greg Haidl, Keith Spann and Kyle Nachreiner made a videotape of the incident, which they showed to friends and eventually lost. When it surfaced, it became the basis for their prosecution. Our Santa Ana sex crimes defense attorneys followed the case in part because Haidl was the son of Don Haidl, an assistant Orange County sheriff, sparking allegations of favoritism. All three eventually convicted and sentenced to six years in prison. They have served their time, but appealed after release, the Orange County Register reported March 30, possibly because their convictions meant they would be registered as sex offenders for the rest of their lives. That appeal was rejected by the Fourth District Court of Appeal March 30.

The young men's appeal argued that the trial judge should have allowed last-minute evidence destroying the victim's credibility. They wanted to include testimony from Joey Cervantes, who said he'd had a similar consensual sexual encounter with the girl two weeks earlier, as well as evidence that she had been convicted of methamphetamine possession. The Court of Appeal rejected this argument for several reasons. Justice Richard Aronson wrote that the evidence was properly excluded and did not harm the young men's defense. They were still able to introduce evidence about her promiscuity, he wrote. Even so, whether she consented was not the issue, Aronson said, given that she was legally unable to consent because she was intoxicated and unconscious. Finally, the opinion noted that the videotape removes some questions of credibility, because it provides objective evidence that the girl was unable to exercise reasonable judgment at the time.

Our Ontario sex crimes criminal defense lawyers think this case is a fine reminder that for sex crimes, you're not done doing time even after you do your time. California sex offenders must register with the police immediately on release from prison or a hospital, then every year on their birthdays, every 90 days or every 30 days, depending on other circumstances. When they move or change their names, they must tell the local police within five days. Anyone with an Internet connection will be able to find the names of 75% of the offenders on the Megan's Law Web site, along with information about their locations. These requirements last a lifetime in most cases, and failing to meet any of them is a crime. It's not surprising that Haidl, Spann and Nachreiner might try whatever arguments they had to avoid sex offender status.

Howard Law, P.C. defends people accused of all types of sex crimes, from serious, violent crimes to misdemeanor failure to register. These criminal charges are among the most emotionally charged offenses, and also the most serious. For that reason, we prefer that you call our San Juan Capistrano sex crimes defense attorneys as soon as you even think you are being investigated. As this case shows, a conviction for a sex crime means a lifetime of registration requirements, even long after you have finished prison and probation. Even before any conviction, an accusation can destroy relationships and careers. That's why it's imperative to get an attorney who understands the law and can build the best possible defense.

If you're facing criminal charges related to sex, you should call Howard Law, P.C. right away. To set up a free, confidential consultation, please call 1-800-872-5925 or contact us through the Internet today.