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Alleged O.C. Gang-Rape Victim Called Act Consensual, Doctor Says

June 10, 2004|Claire Luna | Times Staff Writer

An urgent-care doctor testified Wednesday that the alleged victim in a high-profile Orange County gang-rape trial requested the morning-after pill after her encounter with the three defendants, telling the physician that she had had consensual but unprotected sex.

Defense lawyers said the testimony damages the girl's contention that she did not remember the incident and did not consent.

"She got caught in another lie," defense attorney Joseph G. Cavallo said outside the courtroom about the girl, who was 16 at the time of the alleged rape in July 2002.

Cavallo is the lead lawyer for Gregory Scott Haidl, 18, who -- along with Kyle Joseph Nachreiner and Keith James Spann, both 19 -- faces up to 55 years in prison if convicted. All four teens lived in Rancho Cucamonga at the time, but the incident took place at the Corona del Mar home of Haidl's father, Orange County Assistant Sheriff Don Haidl.

Prosecutors say a video the defendants made of the incident shows them raping and using objects to sexually assault the girl, who appears to be unconscious on the tape.

Dr. Elvira Whiteford, who at the time was an urgent-care physician at a Kaiser Permanente facility in Fontana, was one of several witnesses defense attorneys have called in their drive to challenge the credibility of the girl, now 18 and called Jane Doe in court.

Whiteford testified Wednesday that she performed a pelvic examination on the girl the day after the incident and found no injuries.

The doctor said that she had asked the girl if she had been sexually assaulted.

Whiteford's notes from the exam indicated that Jane Doe "denies rape -- willing partner," Whiteford said.

Jane Doe testified earlier in the five-week trial that she had had consensual sex with two of the boys the night before she was allegedly raped and that condoms were used.

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