Legal News

Haidl conviction affirmed

By Richard Binder

A three-judge panel from the 4th District Court of Appeal affirmed the sexual-assault conviction of Greg Haidl and two other men yesterday, dismissing arguments from the men's lawyers that an Orange County Superior Court jury should have heard about the victim's prior sexual activity.

During a hearing last September, the appellate attorneys argued that jurors should have been allowed to hear evidence that "Jane Doe" had a sexual encounter similar to the one described at trial with a man two weeks before the incident occurred, suggesting that the sex might have been consensual. 

But in the 56-page opinion, Justice Richard M. Aronson noted that Doe's consent was not the issue, given that the men were only charged for offenses accomplished by intoxication. He also gave weight to the credibility of a videotape of the incident that was handed over to the police.  The videotape has never been made public.

Full story here.

Full post as published by Legal Pad | LA on March 31, 2010 (boomark / email).