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Porn actresses may testify in O.C. rape trial

SANTA ANA – Attorneys for three Rancho Cucamonga teens accused of videotaping themselves raping an unconscious 16-year-old girl want two pornography actresses to testify about how they acted unconscious in sex films in an attempt to prove that the girl could have also been acting.

Orange County Superior Court Judge Francisco Briseno wants more specifics about the two actresses and their porn films before he permits the evidence to be used in trial.

On Tuesday, Prosecutor Dan Hess said the adult films have no movie credits and look as if they were produced by the defense for the trial.

“It’s a defense re-enactment of a crime that has some similarities and many dissimilarities,” said Hess, who does not want the evidence allowed.

Defense Attorney John Barnett, who represents Kyle Nachreiner, 19, of Rancho Cucamonga, said he obtained the sex movies from another attorney working on a similar case, but did not comment on how that attorney came into ownership of the videos or who produced the sex films.

If the judge allows the porn to be shown in court, the defense will recall a date-rape drug expert who testified on behalf of the prosecution.

They plan to show the movies to Trinka Porrata, a former narcotics detective with the Los Angeles Police Department, who is now an expert consultant on date-rape drugs. Porrata has testified that the girl appeared drugged and unconscious because she did not react to any of the sex acts captured on the video that the defendants made.

Barnett believes that Porrata will testify that the actresses look to be under the influence of a date-rape drug.

“It’s a way of testing the expert’s opinion,” Barnett said.

If Porrata testifies that the actresses looked drugged, then that would help the defense prove that the 16-year-old girl was also acting, he said.

Nachreiner, Keith Spann, 19, and Gregory Haidl, who all lived in Rancho Cucamonga, have each been charged with 24 counts of felony sexual assault and face 55 years in prison if convicted.

The alleged assault occurred in the early morning hours on July 6, 2002 at the Newport Beach home of Don Haidl, Gregory Haidl’s father.

Police authorities came into ownership of the videotape of the alleged assault after two of the defendants left the camera with the 20-minute footage at another Newport Beach house later in the day on July 6, 2002. Other teenagers from Fontana and Rancho Cucamonga watched the tape and then turned it into San Bernardino County sheriff’s deputies, who then turned it over to the Newport Beach Police Department because the crime occurred in the beach city.

The trial is in recess until Monday because the son of one of the defense attorneys was in a serious car crash late last week.

In the meantime, the judge has scheduled morning hearings with the prosecution and defense to discuss a variety of motions filed by the defense and discuss the validity of having some witnesses testify, like the two porn actresses and Sharon Mitchell, a former porn actress who co-founded the Adult Industry Medical Health Care Foundation.

On Thursday, the judge is expected to rule on a defense motion seeking a mistrial. The defense filed a motion two weeks ago condemning the prosecution for not releasing information about the girl’s injuries following the alleged assault.

 

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