Judge Weighs Testimony From Porn Actresses
The two actresses, who remain unnamed at present, are being called upon by the defense to prove that the 16-year-old victim might have been pretending to be unconscious at the time of the alleged rape.
Attorneys for the three young men claim that the girl voluntarily involved herself in the filming of their group sex romp and faked being under the influence of a date-rape drug.
The two porn actresses and their films are being considered as evidence in the case because both women have acted roles in which they pretended to be unconscious during sex scenes.
Pending additional information about the two porn actresses and the relevancy of their testimony in the case, Judge Francisco Briseno is considering the defense's motion to include the two porn actresses as expert witnesses.
The porn films will be shown to the former narcotics detective who first testified in the case that the victim had been under the influence of a date-rape drug. The defense intends to use the porn films as a challenge to the detective's testimony.
Prosecutor Dan Heiss, who does not want the evidence used, condemned using the porn films in the case and claims they look so amateur they could have been produced by the defense to back their argument that the victim was infact pretending to be a victim in what otherwise appears to have been gang rape.
The three young men – Keith Spann, 19; Gregory Haidl, 18; and Kyle Nachreiner, 19 – are each charged with 24 counts of felony sexual assault. Each of the men face a maximum sentence of 55 years in prison if convicted.
Haidl is the son of a multimillionaire who served as a volunteer for the Orange County Sheriff's Department at one time. The alleged rape occurred on the Haidl property on July 6, 2002.
The rape trial is in recess pending the recovery of one of the defendants following a car crash last week.
Dr. Sharon Mitchell, co-founder of the Adult Industry Medical Health Care Foundation of Sherman Oaks, Calif., has also been called upon as a witness in the case. Mitchell, a prominent figure in the HIV scare that hit the porn industry last month, was not available for comment at the time of this posting.
The 20-minute sex videotape of the alleged rape was first discovered by two friends of one of the defendants after it was left behind in a house in Newport Beach, Calif. The tape was immediately turned over to authorities and an investigation ensued.
In the tape, the three defendants are seen sexually assaulting the victim with a pool cue, a cigarette, and other objects. It took the victim three weeks after the incident to report it to authorities.