Defense
in rape trial argues the woman would have offset testimony from a
date-rape drug expert.
Judge Francisco Briseno said he didn't feel the jury needed to hear the opinions of Sharon Mitchell, a porn star turned sexologist, on whether a videotape of the alleged rape was in fact an amateur attempt at filming consensual sex.
The incident was captured in a 20-minute videotape by the defendants.
The jury trial for the three former Rancho Cucamonga teenagers, which began May 3, has come to an abrupt standstill this week because defense attorney Pete Morreale's son was in a traffic accident May 28. Testimony will resume on June 7.
The prosecution has maintained that the girl, identified only as Jane Doe, became unconscious after drinking a mixed drink Nachreiner handed to her.
The defense has said the sexual acts were consensual.
On Wednesday, Mitchell briefly took the stand to tell the court she believed the tape was "consistent with pornography."
There were many "positions" adopted on the tape that are popular in porn films, she said.
"You have to have a degree of athletic ability to do these acts and you have to be conscious," Mitchell said.
She also noted that she saw the girl brush her hair from her face several times.
The appearance of objects that were used in the alleged assault, among them a pool cue, suggested to Mitchell that the teens had done some type of "negotiation" before indulging in the acts, Mitchell said.
"All in all, I think this was an amateur attempt at making a porn film," she said.
Attorneys for Spann and Nachreiner did not join the Haidl defense team in this motion to admit Mitchell's testimony.
Defense attorney Pete Scalisi said outside the courtroom that he was disappointed the judge wouldn't admit Mitchell's testimony.
"She'd have offered a lot to the jury in terms of how such films are made," he said.
Mitchell's testimony would have rebutted the statements of Trinka Porrata, a date-rape expert who testified for the prosecution saying the girl appeared to have been drugged.
Deputy Dist. Atty. Susan Schroeder said she agreed with Briseno that the defense had "no foundation" to bring in Mitchell as a witness.
"It's another attempt by the Haidl defense to try and take the attention away from the actions of their client," she said.
Attorneys were expected to argue a motion for mistrial Thursday.
The judge will also decide whether to quash a subpoena served by the defense to Orange County Sheriff Mike Carona.
