Two Plus Two Is Five

Expert witness says several scenes in rape video prove Jane Doe was enjoying the sex, could do math

Despite his admissions, the doctor refused to abandon his opinion that Doe's occasional movements proved she was conscious. Hess tried a different tack. He asked why, for example, the girl didn't flinch when the defendants violently slapped her buttocks; shoved a pool cue in her vagina and rectum; and twisted, pulled and yanked on her nipples. Fisk said he "can't tell" if the slapping, shoving, twisting and pulling caused pain, "and that's why I didn't include that" on Exhibit X. Hess noted how far the breast had been "stretched upward," but Fisk said he guessed it was painless. Hess asked Fisk to assume for the moment that the nipple play was painful. If so, Hess asked, would Doe's failure to respond indicate stupor. Fisk seemed annoyed and said, "Correct."

Hess wasn't done. He cleverly prompted Fisk to remind jurors of his pro-defense bias by asking if all the alcohol and drugs given to Doe would have affected her ability to respond. All Fisk would say was, "It could."

But the case hinges on whether Doe was so intoxicated that she couldn't resist. Earlier with Cavallo, Fisk dramatically claimed that the girl had been so "close" to alert that she would have been able to solve math problems during the gangbang. It was memorable evidence for jurors if true. So Hess reminded him of a graphic scene, the one in which Doe was the focal point of the defendant's sexual force but as limp and unresponsive as a rag doll.

"At that point, is she able to do math?" an incredulous Hess asked. Fisk shrugged his shoulders. "The answer is obviously difficult," he said. "Maybe not."


Tales of the Haidl Gang Bang
A closer look at the defense's Exhibit X

1:40:16 and 1:40:27 a.m.

Fisk Claim: Demonstrating she is alert and "in control," 16-year-old alleged rape victim Jane Doe lifted her head twice.

Context: Defendants Greg Haidl, Keith Spann and Kyle Nachreiner have already stripped a heavily intoxicated-looking Doe. Her knees are on the floor, and her pants are at her ankles; Spann is behind her, having intercourse. Nachreiner is sitting on the wicker sofa and using his hands to hold Doe's head at his groin for oral sex. Doe's head lifts up slightly twice, but it falls facedown immediately on Nachreiner's hip. Her head stays there until Nachreiner grabs her by hair. Haidl, who is directing, comes from behind the camera and slaps Doe's buttock hard. She shows no reaction.

1:45:19 and 1:45:46

Fisk Claim: Doe brushed her hair out of her face.

Context: Nachreiner is trying to get oral pleasure and said to Spann, who is still having intercourse with Doe, "Yes! Right there! Right there! . . . Keep her with the fucking lips . . . You're making her eat my fucking dick off, dude. . . . Come on! Fuck that shit!" There's a close-up of Nachreiner's face and chest, and he says to Spann, "Let's switch 'em up now." Spann asks, "You think so?" Nachreiner: "Yeah, let's sit her down." Nachreiner grabs under Doe's armpits twice but can't get control of her floppy body. The second time, Doe's hands move toward her head, and her body falls forward and swivels. Nachreiner moves Doe back on top of himself and holds her there while Spann, who is standing, tries repeatedly to insert his penis in Doe's mouth. Her head wobbles on her shoulders like a newborn baby.

1:46:09 and 1:46:22

Fisk Claim: Doe ran her hands along the sides of Spann and moved an arm.

Context: The sex continues, and Nachreiner is still holding onto Doe. Doe's right hand moves in the direction of Spann's hip as he's pulling her closer. She leans in his direction. Haidl grabs Doe's hair to keep her head from wobbling. When he lets go, her head snaps back, and she falls face-first on the couch. An unknown defendants asks, "You done?" Haidl asks, "Do you want me to take your spot now, Nach?" Doe falls into Spann's arms when there's no one holding her. The defendants lift her again and try to get oral sex once more. She has the rigidity of a rag doll.


Fisk Claim: Doe lifted her hands.

Context: After the couch scene, Haidl takes a close-up shot of Doe's vagina and anus. The defendants have tossed her on the garage pool table. Her eyes are closed, and her head is lying on the hard edge of the table. She looks asleep while Spann has intercourse with her. Haidl's roving camera work reveals no facial expression on Doe, whose arms flop around momentarily. Spann ejaculates on her stomach. He wipes his penis with her bra and then tosses it to the floor.

2:04:36 and 2:04:53

Fisk Claim: Doe bent her leg, slid voluntarily toward a defendant and has positioned her genital area for the defendants.

Context: The defendants positioned Doe so her legs are open and her vagina exposed. For nearly two and a half minutes, Haidl repeatedly penetrates (in fast and twisting motions) her vagina with a Snapple bottle. A laughing Haidl turns to the camera and mugs. The defendants make what looks like gang signs with their hands, laugh and dance around as rap music blares. Haidl helps Nachreiner shove a Tree Top apple juice can into Doe's vagina. The whole can is inserted. Haidl penetrates her vagina again with the Snapple bottle. Her right leg slides up, but there's no other reaction. Haidl and Nachreiner alternate inserting using the foreign objects. Spann and Nachreiner pinch and pull Doe's nipples. No reaction from the girl. The filtered end of a lit cigarette is inserted and left in a motionless Doe's vagina.

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