Attorney to retry opening today

Marisa O’Neil

A defense attorney who was cut off by the judge during opening

statements in a high-profile gang-rape case will be allowed to finish

his presentation to the jury this morning.

Judge Francisco Briseno chastised Joseph Cavallo in court Monday

after he repeatedly made references to the sexual history of Jane

Doe, the girl his client, Greg Haidl, and two others are accused of

sexually assaulting. The judge stopped Cavallo less than 20 minutes

into his expected two-hour statement to the jury, putting the brakes

on the retrial on its first day.

After meeting with Cavallo Tuesday, Briseno agreed to allow the

attorney to conclude his statements when court resumes today.

“I wasn’t surprised at all,” Cavallo said after meeting with the

judge. “I went in there with an open mind, willing to accept whatever

the court’s decision was.”

The jury had the day off, and attorneys met with Briseno Tuesday.

Cavallo presented to the judge an outline of his planned opening

statement, Deputy Dist. Atty. Susan Schroeder said.

Haidl, the 19-year-old son of former Orange County Assistant

Sheriff Don Haidl, and 20-year-old friends Kyle Nachreiner and Keith

Spann are accused of gang-raping an allegedly unconscious 16-year-old

girl. The July 2002 incident in the elder Haidl’s home was videotaped

by the defendants.

In the case’s first trial, which ended last year in a hung jury,

Cavallo characterized Doe as a sexually promiscuous, heavy-drinking

girl who was a willing participant in the action.

He continued that tack on Monday, complete with an illustrated

chart depicting “the evolution” of Doe from an “innocent” 12-year-old

to a “drug dealer” at age 19.

Briseno warned Cavallo on Monday to keep Doe’s history out of

court.

“There is overwhelming public-policy reason to protect

sexual-assault victims, because we want them to come forward and not

be victimized again,” Schroeder said.

Doe is scheduled to testify today after Cavallo’s opening

statement.