48 Hours: Hard Evidence - Eye of the Beholder   View more episodes

Aired at 06:00 PM on Sunday, Apr 11, 2010 (4/11/2010)      View all transcripts from this day


00:00:00Ers, who also happened to be orange county's assistant sheriff.
00:00:06The evidence was hard to refute.
00:00:08It all played out on a videotape made by the boys themselves, but as bill lagattuta discovered, for some, guilt or innocence was all in the eye of the beholder.
00:01:01I was just an ordinary, average kid -- go to school, get work done, and hang out with my friends.
00:01:06Skateboard and express myself in a different way.
00:01:10Lagattuta: This is 17-year-old greg haidl, who gets to live part of his life in newport beach, orange county, california -- ..
00:01:21Part paradise.
00:01:23And as proof he's an ordinarycaliforniakid, greg likes making movies.
00:01:28Greg: I do want to get a career in filmmaking when I'm older.
00:01:33[ Engine turns over ] Lagattuta: The camera and all the toys are provided by greg's father, don haidl.
00:01:41Got lucky. it's a pretty day out, huh?
00:01:43Don haidl owns a very nice house on a hill near the beach, which is where greg hangs out when he's in orange county.
00:01:51Where you at on that?
00:01:51Don is 53, a high-school dropout, and a millionaire.
00:01:56[ Man auctioneering indistinctly ] he made his fortune selling used cars to other wealthy people.
00:02:07Haidl's was one of the most successful luxury-auction businesses in the country.
00:02:13Lagattuta: He is divorced from greg's mother, which explains why greg spends only part of his time at the beach.
00:02:19What kind of guy is he?
00:02:20He's just an average teenage kid -- very sensitive, very emotional.
00:02:26Just a good, sensitive kid.
00:02:32Lagattuta: Gail haidl is don's ex-wife, greg's mother, and this is where she's lived with her son the rest of the week, san bernardino county, a long freeway ride from the glamours of newport beach -- middle-class america, where gail haidl says her son learned good old-fashioned values.
00:02:54Gail: We've talked about sex.
00:02:56We've talked about drinking, about respecting other people and their rights.
00:03:00So you believe he had a good moral compass?
00:03:03Yes, I do.
00:03:03Lagattuta: Greg's sense of morality ..
00:03:08No, leave the camera on.
00:03:09...Using the camera his father gave him.
00:03:11But long before a certain infamous videotape was made, greg had other films to his credit -- nothing award-winning, mostly horseplay with friends like kyle nachreiner.
00:03:26Oh, kyle.
00:03:26Kyle nachreiner also lives in san bernardino, splitting time between his separated parents.
00:03:32His mother, julie, is his biggest fan.
00:03:35I don't think I missed a game, whether it was little league or high school.
00:03:41He was 5, and he played t-ball, and his coach asked him to sign a ball at the end of the season because he said, "you're gonna be in the pros one day, " Lagattuta: And then there's greg's other good friend, ..
00:03:58[ Engine revving ] ...also from san bernardino.
00:04:03His passion is testing his limits at 70 miles an hour.
00:04:07Keith's never really known his father and was raised by his grandmother and mom, jennifer, to whom he is devotefe Jennifer: He gets razzed by all of his friends, " " I mean, he's a good kid.
00:04:22Lagattuta: All three boys had parents who split up, and all three boys share at least one teenage obsession, an interest in sex.
00:04:32To hear greg tell it, sex is everywhere.
00:04:38You open a newspaper or a magazine, it's what?
00:04:41A girl standing there half-naked, if -- more than half-naked.
00:04:45You turn on the tv, same thing.
00:04:58...'Cause sex sells.
00:05:02And what kind of message do you think that sends to kids your age?
00:05:05That it's all right to do these types of things.
00:05:08It's all right to participate in sex.
00:05:10It's okay to have sex and even kinky sex.
00:05:14Vanessa: Everybody is in competition with each other.
00:05:17You know, who's the prettiest girl?
00:05:19 who drives the best cars?
00:05:26And jenna, who also know greg haidl as the boy wone foot in the world of wealth and privilege.
00:05:32Where you guys going?
00:05:32They say they're not promiscuous at all.
00:05:35Can't go to a club dressed like that.
00:05:39Lagattuta: But they do admit their life in the suburbs is a bit dull.
00:05:46And this night, like many others, they'd much rather be in a place like newport beach, if only they were invited.
00:05:53Too young for bars or fancy clubs, the in place to be is a good house party, especially in a big, glamorous house, like the one don haidl owns, where the parents don't monitor every move the kids make.
00:06:06Most girls, you know, we go to parties.
00:06:08Girls are getting drunk, hooking up with whoever.
00:06:11And then in the morning, it's like, "oh, ..
00:06:14When you say you go to these parties and you see these people hooking up, what are you saying?
00:06:19Hooking up could be from kissing to having sex.
00:06:22Are there gonna be parents out there who are shocked at how the kids are acting?
00:06:26Parents don't exactly know what is going on when their kids leave the house.
00:06:31[ Fireworks exploding ] on july 4, 2002, greg haidl would, in fact, invite some of his friends from san bernardino to his dad's newport beach house.
00:06:43We just went in, and they were, like, playing pool.
00:06:47We were just, you know, hanging out and stuff, and then everyone started drinking.
00:06:53And greg, he had a pool in his backyard that was heated, we want to go in," 'cause they were, like, lighting fireworks and stuff.
00:07:08We said, "okay, we're going to bed.
00:07:09Everybody's gonna be out of here pretty quick, " we're just wrapping it " Lagattuta: Don haidl went to bed, but the party out here by his pool would continue deep into the night.
00:07:20And greg haidl and his friendswould soon be involved in something they would regret.
00:07:26It had nothing to do withmelissa and jenna who were here but, rather, another girl who had come along with them, a new girl -- someone keith had been dating casually and the other boys were just getting to know.
00:07:40I think she was, like, one of our first friends where we were kind of like, "wow, she's different " what is she like with regard to boys?
00:07:47Very flirtatious, you know.
00:07:49She kind of crossed the line at certain points, like, with certain people.
00:07:55On this night, at least according to greg's friends, the new girl definitely crossed the line.
00:08:01She ends up getting, like, completely naked, and then kyle is, too.
00:08:04And so they're at the edge of the pool, like, on the step.
00:08:08And then they start having sex.
00:08:10Greg: I had sex with her about five hours later.
00:08:13And about 20 minutes after that, keith had sex with her -- all within a 5-hour time span.
00:08:20Lagattuta: Greg's father, don, had no idea what had gone on.
00:08:23Besides, he says, his son, greg, could always be trusted.
00:08:27I never saw anything like this in the future, never had -- no indicators.
00:08:33Lagattuta: Yet, if the 4th of july got out of hand at don haidl's house, no one could predict what would happen the rext night and how it would ruin so many liits.
00:08:43Yet the proof, or lack of it, would be right there on videotape in greg haidl's camera.
00:08:49Lagattuta: Did you ever regret making the tape?
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00:13:21Lagattuta: For greg haidl, july 5th arrived at newport beach like a hangover.
00:13:28What was the 17-year-old thinking the night before when he claims to have had sex with a 16-year-old girl he barely knew?
00:13:36Pretty much just, yeah, I mean, intercourse with a girl, so of course -- I'm a guy, of course, it's good, you know?
00:13:42And she wanted to do this?
00:13:44Oh, yeah. 100% willing.
00:13:47Lagattuta: But he claims IT WASN'T TILL LATER THE MORNING OF THE 5th, When he spoke with his buddies keith and kyle, that he realized just how wild the night had been.
00:13:56They all claimed to have had sex with the same girl.
00:14:00Yeah, I thought I was the only one, but all three of us thought we were the only one.
00:14:04How'd you feel about her?
00:14:05Actually, I was kind of angry.
00:14:06Lagattuta:reall angry, or even embarrassed, they quickly got over it.
00:14:12BY NIGHTFALL JULY 5th, THEY WERE READY TO Party again.
00:14:16And a phone call went out to the girl from the night before.
00:14:25To come back?
00:14:26Asked her if she wanted to come back and hang out.
00:14:28Lagattuta: The girl was intrigued enough by the invitation to pass it along to her girlfriends, including jenna.
00:14:34We'd been there the night before.
00:14:36It was more of a 4th of july thing.
00:14:38Like, it wasn't, like, something that we wanted to do again the night after.
00:14:41In about 45 minutes, we got a call, and she said, "oh, I'm just coming down by " " Lagattuta: So around midnight, the girl greg and his buddies were waiting for got in her car alone.
00:14:56Telling her parents she was spending the night at a girlfriend's house, she drove 35 miles from san bernardino to newport beach.
00:15:04Did you all think, "well, here, she's coming again.
00:15:07" yeah, I think that thought did cross through our minds.
00:15:12We're teenage guys. we're 17.
00:15:14Male to think that.
00:15:15Lagattuta: Greg, keith, and kyle were in don haidl's garage, where there was plenty of cold beer.
00:15:23I probably drank about a 12-pack.
00:15:2512-Pack of beer?
00:15:27Well, between each of us, we probably drank somewhere around there.
00:15:29So when she showed up, you guys were pretty hammered?
00:15:32Oh, we were completely drunk.
00:15:33We stayed home that whole day, never left the house.
00:15:37Lagattuta: While all that was happening, don haidl and his wife, cathy, were in the main house.
00:15:43They were gonna play pool for a little bit, mess around, go to bed also.
00:15:47The bottom line with us is, we think if the kids are here, under our control, under our supervision, that there's a better chance they're gonna be safe.
00:15:56But with don and cathy once again leaving the kids on their own and turning in, trouble began as soon as the girl walked into the haidl's garage.
00:16:07And what did she say?
00:16:07"Hey, guys. how's it going? blah, blah, blah.
00:16:09" and?
00:16:13And she got her beer, and she got her drink, and she drank it, and then everything had happened.
00:16:21Lagattuta: Then, in a decision that would change everything, one of the boys reached for greg's camera and began filming -- all of it.
00:16:30A word of caution -- you're about to hear a graphic description of what happened.
00:16:36Who decided to make a video of this?
00:16:38I'm not sure who picked it up.
00:16:39You thought, "if we're gonna do this, we'll get it on tape"?
00:16:43Yeah, it is all on tape.
00:16:46Lagattuta: Teenage sex with the same girl, only this time, the boys were all together.
00:16:53She had the drink, and then she just started taking off her ..
00:16:59Just pretty much saying, "oh, yeah.
00:17:01" and you took that to mean she wants to have sex with all three of you?
00:17:07That's exactly what she meant by it.
00:17:09"So let's go ahead"?
00:17:12Lagattuta: In the garage was a pool table, like this one.
00:17:17The girl was sprawled on top of it, and the sex was far from ordinary.
00:17:23What did you guys do?
00:17:25Kinky sexual acts.
00:17:27There was different objects.
00:17:31What made you guys think of doing that?
00:17:35Curious guys, I guess -- curious drunk kids.
00:17:38Lagattuta: From his point of view, greg and his friends and the girl herself all knew what they were getting into.
00:17:45And she was okay with that? yes.
00:17:47And you're sure of that? yes.
00:17:49Lagattuta: Greg haidl says the girl consented to the whole thing.
00:17:53You do know if a woman says, "no," you're supposed to stop?
00:17:59Did she ever say, "no"?
00:18:00Not one time.
00:18:01Sometime before dawn, keith drove the new girl back to san bernardino, and that might have beenthe end of the story, except greg haidl got careless.
00:18:12The next day, he took the tape they had made to another friend's house, and he left it there.
00:18:17A girl who was staying at the house watched the tape, was horrified, and showed it to a neighbor, who happened to be a cop.
00:18:26They thought, "this is disgusting.
00:18:28" Lagattuta: The tape and camera would eventually make their way to orange county prosecutor dan hess.
00:18:36You couldn't imagine this being a film, an act of passion, an act of sexual gratification.
00:18:42It's a crime.
00:18:47And kyle nachreiner would each be arrested and charged with 24 felony counts against the girl, " and they will be tried as adults, ..
00:19:04...Something don haidl can't bear to think about.
00:19:06Don: his life could end in prison.
00:19:10This kid is not a kid that could survive in that system.
00:19:14Lagattuta: Don haidl knows a thing or two about prison and what goes on inside.
00:19:19That's because after he made his fortune in the auction ..
00:19:22Woman: Sheriff haidl, headquarters is on the phone.
00:19:25Lagattuta:..Don haidl became assistant sheriff of orange county, the number-two man in the department.
00:19:30I'm what these people consider a high-profile name.
00:19:34Lagattuta: As a well-known public figure in orange county, charged with enforcing the law, haidl is convinced the case isn't about his son at all.
00:19:43It was a big case from the start because of who I am.
00:19:46Lagattuta: Now the alleged gang rape was not just front-page news.
00:19:51It was a full-blown scandal.
00:19:57But for the girl known as jane doe, the case wasn't abou.politics.
00:20:01It was aboutrape.
00:20:04They did the crime.
00:20:05They got to pay the consequences.
00:20:07They've ruinedmylife, and, you know, they've ruinedtheirs too.
00:20:12They just haven't paid for it yet.
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00:25:16Lagattuta: This is jane doe.
00:25:22Doe: All that's on my mind is the rape, and I feel like I can't think of anything else.
00:25:27And it's really hard. it's really hard.
00:25:32Lagattuta: Two years after that notorious 4th of july weekend in newport beach, she remains in the shadows, afraid to show the world her face.
00:25:43Jane doe agreed to speak out for the first time, as long as she could remain in the shadows.
00:25:49Lagattuta: How do you feel about doing this interview?
00:25:52I was a little hesitant at first because after everything that's gone on, it's very hard for me to trust anybody.
00:26:00Lagattuta: It wasn't always that way.
00:26:02As a child growing up in san bernardino, she loved to dance and ride horses.
00:26:07She was a straight-a student with a love of life.
00:26:12Doe: I made everyone laugh.
00:26:13I had the humor. I was outgoing.
00:26:15Everyone always said that I was always fun to be around 'cause I kept everyone entertained.
00:26:21Lagattuta: Tell me about your daughter.
00:26:24What kind of person is she?
00:26:25Man: Strong. honest.
00:26:27Bright. dependable.
00:26:30Good girl.
00:26:35But about four months before the events of that july 4th weekend, jane doe fell in with a new group of friends.
00:26:43I wasn't crazy about them.
00:26:45Overnight, it seemed, this well-behaved daughter began to change.
00:26:48 she was going to more parties.
00:26:52She was seeing a different group of boys.
00:26:54You didn't like this, didn't care for this.
00:26:57What was it about you that made you change and want to be with these people?
00:27:02I fell into that crowd because that crowd treated me -- you know, like, I was the center of everyone's attention.
00:27:12Lagattuta: Alcohol, drugs, and sex may have been part of this new scene, but jane doe says her behavior was nothing out of the ordinary.
00:27:21Doe: I wasn't out there having sex with all these different guys like people try and make it seem.
00:27:25I wasn't out there doing all these drugs.
00:27:28You know, I was a good kid, and, yeah, I went to parties, you know?
00:27:31But I didn't do anything wrong.
00:27:34Lagattuta: Jane doe wouldn't talk about july 4th, Except to say she didn't have sex with all three boys, only two of them.
00:27:42NOR WOULD SHE TALK ABOUT JULY 5th, Except to say she was a victim.
00:27:47Why did you go there that night?
00:27:48I went there that night because I was seeing one of the guys.
00:27:53I wanted to go see him.
00:27:57These guys were my friends. I trusted them.
00:28:00Never, ever would I have imagined that they could even think of doing something to me like they did.
00:28:06Lagattuta: Jane doe claims she got too drunk to even function and never consented to any of the acts that take place on the videotape.
00:28:15Under california law, that constitutes rape.
00:28:19Doe: It wouldn't have mattered, even if I was a prostitute on a street corner that they picked up and brought me home with them that night.
00:28:28I was passed out, and never was there consent.
00:28:32And that's all it is.
00:28:34They raped me, and it's right there on the videotape.
00:28:37Jane doe concedesthat without that tape, she might never have eventhought she had been raped.
00:28:40Sh she says the day after theincident here in haidl's garage, she didn't remember a thing.
00:28:47But if she was worried or sensed that something bad had happened, she didn't mention it to her parents.
00:28:54Her father was the first person to find out, several days later, when he was told by the police.
00:29:01Phone rang early in the morning, woke us up.
00:29:03The detective on the other end described himself and asked us if our daughter was okay.
00:29:08" and he said, "we believe she was a victim " it sickened me. I was sick to my stomach.
00:29:17Wh would they do that? ho could they do that?
00:29:20Lagattuta: The cops began telling jane doe about the tape and soon went looking for greg haidl.
00:29:26They found him at his father's house and ..
00:29:30" puts me in back of the car, tells me that there's a newspaper here and I can duck if I want to.
00:29:38Because -- so they couldn't get pictures of me.
00:29:41There were news cameras out here?
00:29:43Yes, because my father's political.
00:29:45Public figure, and here's his son being taken away, charged with rape.
00:29:52What are we learning?
00:29:53Lagattuta: Don haidl says his son, greg, was way out of line but committed no crime.
00:29:57Don: I don't condone what happened.
00:30:01What is it exactly that bothers you the most?
00:30:03The fact that it happened at all, the fact that it happened here.
00:30:07Are you one chapter ahead of schedule here on this or two?
00:30:11Lagattuta: But as angry as he was with greg, he was equally sure his son's case was being blown way out of proportion by ..
00:30:18It was being made a big-fish-type celebrity case, right from the start.
00:30:24Lagattuta:..And by the district attorney.
00:30:26These type of cases mean career advancement for a lot of people.
00:30:31Well, that's preposterous and nonsense.
00:30:34This girl is someone's daughter, someone's niece, someone's friend.
00:30:38Lagattuta: tony rauckakas denies he's coming down hard on greg haidl just to prove that an assistant sheriff's son doesn't get special privilege.
00:30:45The defendant is being treated like any other defendant.
00:30:48Lagattuta: Rauckakas says this is simply about the tape.
00:30:52Rauckakas: It's what can be seen that is charged.
00:30:54You see the crimes happening, so it's the core evidence.
00:30:58It's the key to the case.
00:31:06Lagattuta: As the case headed to court, it took on all the familiar trappings of a hollywood legal drama.
00:31:12It's not about prosecutions anymore in that office.
00:31:15It's about politics and "how can we make sure " Lagattuta: Don haidl's money would buy greg his own dream team, led by attorneys peter scalese and joe cavallo.
00:31:28Cavallo: Most parents across this country would be proud to have a son like gregory haidl.
00:31:33Lagattuta: The defeepared ..
00:31:39Cavallo: This was a young lady who was out of control.
00:31:41She was spinning out of control like a tornado -- taking everything in its path.
00:31:45Lagattuta:..And raise several doubts about the videotape, beginning with what it really showed.
00:31:51She did many, many things on that tape to express that she was aware, awake, knew what was going on.
00:31:59Dan hess, deputy district attorney for the people.
00:32:02Lagattuta: Prosecutor dan hess saw a different girl on that tape.
00:32:06Hess: she can't lift up her head.
00:32:09She can't control her movements.
00:32:10She's flat-out unconscious, and she's a rag doll.
00:32:15Lagattuta: There was one thing both defense and prosecution agreed on.
00:32:19With the maximum sentence of 55 years each, the three 17-year-old boys -- ..
00:32:27And greg haidl -- were in a fight for their lives.
00:32:30Lagattuta: You're facing life behind bars.
00:32:34What do you think about that?
00:32:38I think that it's not even possible.
00:32:42I don't even understand how it got to this point, to where it is today.
00:32:47Don: We were concerned about him being suicidal.
00:32:51He had told myself and a couple other people if he has to go to prison for the rest of his life, he can't do that, he'll have to kill himself.
00:32:58And that just tore me up.
00:33:10Lagattuta: Greg haidl's case would force much of orange county ..
00:33:17...And the values of its children.
00:33:20Kfi a.m. 640 -- more stimulating talk radio.
00:33:23" Lagattuta: Popular radio hosts john and ken led the charge.
00:33:27How many 16-year-old boys end up being accused of raping a girl unconscious on a pool table?
00:33:33And where in society are we gettingthatmessage?
00:33:36tha scene.
00:33:39Lagattuta: One thing greg haidl had to do now, as he prepared to go on trial for his life, was to stay on his absolute best behavior.
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00:37:58Nearly two years after their arrest, the three boys accused of sexually assaulting a female friend finally had a date in court.
00:38:07Would a jury see the video of their encounter with jane doe their way, or would it agree with the prosecution and send them to jail for years?
00:38:16A lot hinged on their own behavior leading up to the trial.
00:38:20Bill lagattuta picks up the story.
00:38:25Gail: And so it's just an exciting day for all of us.
00:38:28I love you.
00:38:29Lagattuta: For greg haidl's parents, today was a day they had long waited for.
00:38:34Every parent looks forward to graduation.
00:38:36That's real important.
00:38:37Greg: Today's actually the first time in a while that I've been happy.
00:38:39Be or I feel it's okay to have a smile on my face, considering what's hanging over my head.
00:38:45Lagattuta: Nearly a year after his arrest, greg completed his high-school requirements ..
00:38:51[ Bagpipes and drums playing ] ...and so marched with a class of strangers.
00:38:56Greg: I'm nervous, just because I don't really know anybody.
00:39:00Greg haidl.
00:39:00Don: He's the only one in those thousands -- 1,000 kids out here today -- that's wondering if he has a future.
00:39:07Lagattuta: Greg's future will have to wait.
00:39:09Congratulations, baby doll.
00:39:11First, he must face trial for rape, all because of what happened that july 4th weekend, 2002, at his father's newport beach house.
00:39:21Four kids drinking and making stupid decisions.
00:39:24Now, as you look back with a clearer head, what do you think about what you guys did?
00:39:28 we messed up badly.
00:39:34Lagattuta: Very poor judgment, but not rape, according to greg's father, assistant sheriff don haidl.
00:39:40I know gregory, and I know this kid wouldn't jaywalk the rest of his life after this.
00:39:45Lagattuta: What kind of kid is greg haidl really?
00:39:48Man: haidl, step out here while these guys sit in the car.
00:39:51As the trial neared, the signals he'd send would be far from clear.
00:39:55Whose dope is sitting right there in the seat?
00:39:57Man #2: 18-Year-old gregory haidl has just been stopped in san clemente for allegedly having marijuana.
00:40:03Once again, greg would find himself on-camera, only this time, the camera belonged to the police.
00:40:09Greg: I don't know if you're aware my dad's the assistant sheriff.
00:40:13Don haidl.
00:40:13Man: I know who he is.
00:40:14I'm sure you're aware of the mess I'm in.
00:40:18I'm well aware of it.
00:40:19...But the incident would lead to charges and countercharges -- that don haidl gets special treatment, that greg haidl is just plain no good.
00:40:28Man: Do you feel there was preferential treatment?
00:40:30Lagattuta:..Were unforgiving when it came to the haidls.
00:40:33Man: what are your feelings about all this?
00:40:36Stop harassing my son.
00:40:36Was greg haidl truly being harassed?
00:40:39Or are the charges against him and his pals justified?
00:40:44As this case heads to trial, the jury will be asked to decide one thing and one thing only.
00:40:49Not whether what the boys did was tasteless -- group sex, foreign objects, videotape -- ..
00:40:58Did jane doe consent?
00:41:02The jurors would reflect orange county -- a mix of conservatives and liberals.
00:41:08Marzena, a businesswoman with two children, including a teenage daughter.
00:41:12I can't believe 16-year-olds could even think of doing this.
00:41:18.Up-tempo music playin ] Lagattuta: There's michael, who works the electronics counter at a department store.
00:41:23But it's improper for people to judge a situation when they simply don't know the facts behind it.
00:41:28Lagattuta: Jeff, a salesman.
00:41:30Jeff: I think they're troubled kids, and they were involved in a circumstance with another troubled teenager, jane doe.
00:41:35And the two of them colliding produced some terrible things.
00:41:40Lagattuta: And carolyn, single, a fitness trainer.
00:41:43But for me, it just all came down to the video.
00:41:45Lagattuta: They and the rest of their fellow jurors would look at that tape and decide the fate of greg haidl, keith spann, and kyle nachreiner.
00:41:54All are facing the possible sentence of 55 years.
00:41:58I hope we end up with 12 reasonable people.
00:42:03Lagattuta: The day has arrived.
00:42:07Just nervous, scared, I guess.
00:42:09I just don't know what's gonna happen.
00:42:12Lagattuta: The trial begins.
00:42:13The evidence in this case that will prove them guilty is the videotape.
00:42:18All 24 counts that the defendants are charged with are on the videotape.
00:42:22Lagattuta: Prosecutor dan hess.
00:42:24Hess: That these three men, the defendants, raped and sexually assaulted a 16-year-old girl, who was so intoxicated that she couldn't fight back and she couldn't " they didn't harm her. they didn't hurt her.
00:42:38They didn't abuse her.
00:42:40And I challenge the prosecutor -- I challenge the prosecutor to show me one part of this tape -- one part of this tape -- where this girl was held down by force.
00:42:48Lagattuta: The issue of force cuts to the heart of what happened in don haidl's garage and whether jane doe was aware of any of it.
00:42:56Was she fully conscious the whole time?
00:42:58Yeah, she was drunk, but she was fully conscious.
00:43:01She's flat-out, on her back, unconscious.
00:43:04She's unable to think, unable to talk, unable to control her body in any way.
00:43:11Lagattuta: From the moment the jury first ..
00:43:14You're not gonna like looking at it.
00:43:15Lagattuta:..It was clear this would be a tough call.
00:43:19But there wasn't gonna be anything that changed the way I saw it.
00:43:21But it did appear in very many scenes that she was participating and knew what was going on.
00:43:27Lagattuta: The defense lawyers would offer ..
00:43:30The 4th of july weekend, and let me tell you, it's time to party.
00:43:33Lagattuta:..That jane doe went looking for trouble that 4th of july weekend and got exactly what she wanted on the 4th and again when the boys invited her back the very next night.
00:43:43Cavallo: "I get to be with these three boys "i was with the night before, all alone, " Lagattuta: Cavallo and the rest of the defense team would claim that jane doe had even made sex videos on other occasions and then boasted about it.
00:43:57And she considered herself a porn star.
00:44:00" is that something you want to be?
00:44:05That's not true? no.
00:44:06That was another one of their lies that they tried to use.
00:44:09Just because she went up there by herself with those three guys does not give those guys an invitation to re e her.
00:44:15Lagattuta: Jane doe's lawyer, sheldon lodner, says n haidl's legal team tried to paint the girl as a participant in her own rape.
00:44:21 put the victim on trial.
00:44:24Lagattuta: In fact, some of the toughest words came from jane doe's own girlfriends -- vanessa and jenna -- who would testify at trial about what she had told them shortly after ..
00:44:35She's not a completely innocent person.
00:44:37Lagattuta:..Before police had ever informed her about the existence of the videotape.
00:44:43Did you get the idea that she had a pretty good recollection of what had happened, or did it seem foggy?
00:44:49It seemed foggy, but it wasn't -- it wasn't any foggier than any other time she'd been drinking and didn't know what she had done.
00:44:56Did she indicate in any way, shape, or form that she thought she'd been taken advantage of?
00:45:00No, not at all.
00:45:01Did she say she'd been raped? not at all.
00:45:03They could just get up on the stand and lie like they did.
00:45:07It hurt. it hurt a lot.
00:45:11Lagattuta: What she couldn't rememberthen she says, now -- she was brutalized.
00:45:18Rape is not something that is consensual, is not something that the victim asks for.
00:45:25It is completely a violent crime.
00:45:28It is rape.
00:45:29Kfi a.m. 640 -- more stimulating talk radio.
00:45:32" Lagattuta:..
00:45:34What else happened in the courtroom today?
00:45:36Lagattuta:..And often made the front page.
00:45:40Harold, it was quite a day.
00:45:41Lagattuta:..And talk radio...
00:45:42I've had it with this guy.
00:45:43Lagattuta:..Played it up big.
00:45:44I think everything out of don haidl's mouth is a pile of crap.
00:45:52Very nervous.
00:45:54Kyle: The jury's deliberating.
00:45:55I just hope god's looking upon every one of them.
00:45:57Lagattuta:..And watch the clock, as the one group that mattered most took this case behind closed doors.
00:46:03Marzena: It was really overwhelming to go in there, to finally be able to talk about this case to your fellow jurors and knowing what everyone's thoughts were.
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00:51:03Kyle: [ Voice breaking ] it's like playing russian roulette.
00:51:06You don't even know what the outcome's going to be.
00:51:10Don't know if there's a bullet in that chamber.
00:51:12That's what it feels like.
00:51:15Keith: I'm just hopeful that this is over ..
00:51:21So I can get started on my life.
00:51:23Lagattuta: Two years after being charged with raping jane doe, three boys face the longest days of their young lives as the case heads to the jury.
00:51:35Greg: Hopefully, they'll just see me as a person and not this horrible animal that I've been portrayed as for the last two years.
00:51:44[ Voice breaking ] I'VE NEVER BEEN SO SCARED.
00:51:53Lagattuta: Waiting for the verdict, ..
00:51:58If something happened to me, you kind of say, you know, " when you think something could happen to one of your kids, there is no being okay with that.
00:52:12Lagattuta:..Parents afraid their sons will come apart emotionally, then be locked away for life.
00:52:18Gail: [ Voice breaking ] this is unbearable.
00:52:20This is like somebody just knocked all life out of you.
00:52:25I'm afraid.
00:52:26Lagattuta: But the girl known as jane doe showed no sympathy at all for the boys.
00:52:32How can you not convict them as guilty?
00:52:33You think 12 people are gonna look at that tape and have no doubt in their minds that this was rape and not some consensual activity?
00:52:40Yeah, it was completely obvious I was passed out.
00:52:43So, was what happened here a crime?
00:52:46It took the jury three days of deliberations before greg haidland his two friends, their families,and all the attorneys were summoned back to court.
00:52:56An announcementwas about to be made, and it would stun nearly everyone.
00:53:09This court is finding that it would not be productive to continue their deliberations further.
00:53:18Lagattuta: The 12 citizens of orange county could not reach a unanimous verdict.
00:53:24It was a mistrial.
00:53:26Gail: [ Voice breaking ] all you can do is get on my hands and knees and thank god that I got my son back.
00:53:34[ Sobbing ] for once, I have a feeling that's like, "yeah, yes," walking out of the courtroom and know for a little while you're not going to jail, which I haven't had for two years.
00:53:45 it's definitely amazing.
00:53:50[ Sobbing ] Man: It's considered a mistrial, same thing as a hung jury.
00:53:55[ Sobbing continues ] Lagattuta: What happened in that jury room?
00:54:01Carolyn: We were just so at odds, and we had such different opinions that it was kind of frustrating.
00:54:08Marzena: It was amazing how many people didn't see certain stuff in the tape that others did.
00:54:14Lagattuta: Ironically, it was the tape that worked in the boys' defense.
00:54:18We saw movements that were consistent with being at a level of consciousness that showed that she was actively participating.
00:54:26Instead of pushing away, there was movements of acceptance.
00:54:30And there's a pillow under her head.
00:54:33It's very hard for me to think that somebody who was gang-raping someone would think of making them comfortable, to put a pillow under their head.
00:54:42Lagattuta: In fact, on the first count, the jurors were 11-to-1 in favor of acquitting the boys but couldn't get any further because one of the jurors, carolyn, refused to back down.
00:54:54She was not participating.
00:54:56Her level of consciousness was not that of what I have ever seen of any normal sexual act -- ever.
00:55:09On the "not guilty" side weren't thinking about their own sons.
00:55:13You take a kid that's 19 now.
00:55:15He's gonna be 75 years old when he gets out of there.
00:55:20The reality is that they needed to watch the evidence and apply the law, and I don't think they did that.
00:55:26Lagattuta: The jury did agree on one thing.
00:55:29What did you think of these boys?
00:55:32Not much.
00:55:32I wanted to jump over the table and spank all three of them.
00:55:41Everyone involved.
00:55:46Lagattuta: The trial that riveted orange county was over, ..
00:55:52And no winners.
00:55:55For greg haidl, any relief he had at the outcome didn't last long.
00:56:00One week after the mistrial, he was arrested for the statutory rape of another 16-year-old girl, but the case that first got him into trouble went back to trial again in 2005.
00:56:12This time, the jury saw things differently.
00:56:15It found haidl, kyle nachreiner,and keith spann guilty of sexual assault.
00:56:21The three were each sentenced asadults to six years in prison.
00:56:25They could get out earlyfor good behavior, but they will always be brandedas sex offenders.
00:56:32And what about jane doe?
00:56:32Well, she was arrested forpossession of methamphetamines soon after the first trial.
00:56:38She has sincegone through rehab, and in 2006, she sued the defendantsand don haidl, greg's father, for $26 million.
00:56:48Thanks for joining us.
00:56:48 hard evidence,"i'm maureen maher.
00:57:10Man: I don't think anyone has a conclusion to this story yet.
00:57:13It's about a little girl that goes missing, and I don't think anyone knows for sure what happened to her.
00:57:20Marlene: Sabrina, come crawl to mommy.
00:57:22She had just started to crawl.
00:57:23She could not get out of the crib herself.
00:57:25 there she goes.
00:57:30My baby's been kidnapped!
00:57:31It's the most horrific thing you can imagine, looking into your child's crib and not seeing her there.
00:57:39[ Thunder crashes ] every night, I kick myself because we didn't use an alarm and we had one.
00:57:48Every night.
00:57:49But I'm not going to dwell on it.
00:57:52[ Siren wails ] if the aisenbergs are telling the truth, you have to believe that someone walked into their house in the middle of the night to where baby sabrina was sleeping, plucked her out of a crib, and vanished forever.
00:58:05And we need her back in our family where she belongs.
00:58:11And I know she's out there.
00:58:13I think that steve and marlene know more than what they're saying.
00:58:15Police are like, "we believe you know where sabrina is " " and the next thing I know is there's a gun being pointed right at my face.
00:58:27Well, at some point, it became just like a soap opera.
00:58:31Where is your daughter?
00:58:31Not only has our daughter been taken from us, but they tried to destroy everything about our family.
00:58:37Can you tell us where sabrina is?
00:58:39It hurts.
00:58:40She's 7 years old, and she's not home yet.
00:58:42That kills me.
00:58:47Maher: hard " --Captions by VITAC--www.vitac.com Captions paid for bydiscovery communications, inc.
00:59:06" I'm maureen maher.
00:59:10When marlene aisenberg woke up one morning, she knew instantly that something was wrong.
00:59:15She checked on her children and saw an empty crib.
00:59:19Her baby, sabrina, was missing.