By Matt Coker
By R. Scott Moxley
By Charles Lam
By Nick Schou
By Gustavo Arellano
By Gustavo Arellano
By Steve Lowery
By R. Scott Moxley
Doe admits she was heavily intoxicated when she slept with Spann (who was then her boyfriend) and Haidl, but says she never had sex with Nachreiner, whom she sees as an obnoxious oaf.
Contradictions in the defense testimony undermine the reliability of Matsumoto and Stroh's other sensational defense claims: that after the alleged rape Doe said the defendants didn't need to drug her because "I would have done it anyway" and "I don't remember what I did, but I know I had sex with all three boys."
Neither Matsumoto nor Stroh remembered these statements when interviewed by Newport Beach Police Detective John Hougan in the months immediately following the alleged crime. The girl's memories were awakened later by John Warren, a former high-ranking FBI agent now retired and on Haidl's private payroll. Asked why they didn't tell Hougan the same story they told Warren, the girls claimed that the police didn't ask the right question.
Stroh was also scheduled as a key defense witness to support their assertion that the rape wasn't a rape but rather a pre-planned necrophilia-themed porno Doe insisted on filming to launch an X-rated career. As evidence, Haidl defense lawyers Scalisi, John Barnett, Peter Morreale, Tom Dunn and Joseph Cavallo have repeatedly claimed that Doe liked to call herself a "porn star." On the stand in the current trial, Stroh was positive about statements Doe made regarding consensual videotaped sex involving herself and Spann, and, separately, Haidl and Davis a week before the alleged rape.
Scalisi: Doe said, "Look at me, I'm a porn star." Do you remember those words?
Stroh: Yes, exactly.
Scalisi: Just the way I have said it?
Scalisi: And that's the way you heard it?
Scalisi: You had no trouble hearing Doe?
Stroh: Not at all.
Scalisi: You understood her words?
But that wasn't Stroh's testimony in the first trial. Scalisi surely wasn't going to point out the inconsistency. But minutes later the DA pounced on Stroh about Doe's sarcastic remark.
Middleton: Do you remember testifying before the last trial that Doe said, "We're porn stars," while talking to Crystal?
Middleton: She said, "Look, we're porn stars"?
Middleton: Not, "Look, I'm a porn star," but "Look, we're porn stars"? Isn't that right?
Stroh: We, I, uh, yeah. Yes.
Middleton: Well, we, I—that can make a difference. Were the words clear to you?
Middleton: What was it: I or we?
Stroh: She was, like, saying it to Crystal. She . . . (pause) . . . She, uh, was specifically watching the tape of herself. So after the thing, after it was said, uh, she said, "Look, we're porn stars."
Curiously missing from the second trial is Vanessa Obmann, an original Mean Girl who had been billed as a key defense witness in the first round. Going into the second trial, Obmann had two liabilities: first, the Weekly revaled that Cavallo had talked to the girl about interning in his office. Second, she admitted that she had altered her written statement to help the defense just four days before the first trial.
But Obmann was easily replaced. Stroh and Matsumoto recently found new witnesses to bad-mouth Doe: Hayley Fiori and Alex Chapman. Stroh, Matsumoto, Obmann, Fiori and Chapman are all longtime friends; Fiori and Chapman say they have followed media coverage of the three-year-old rape saga, but it wasn't until one month ago—just before the retrial—they simultaneously experienced an important flashback. Both remembered a disgusting post-rape story about Doe.
Scalisi: What occurred on July 9, 2002?
Chapman: It [the rape story] came on the news and Jane Doe called me and came over to my house.
Scalisi: While at your house on July 9, 2002, did Jane Doe say anything regarding getting drunk and sexual activity?
Scalisi: What were her words?
Chapman: She said, "They [the three defendants] didn't have to get her drunk; she would have done it anyway."
Scalisi: You clearly understood her?
Chapman: Oh, yes. Uh-huh.
Keith Spann, Kyle Nachreiner and
defense attorney John Barnett.
Fiori was equally unambiguous. She testified that on July 9, 2002, Doe invited her and Chapman to visit. While they allegedly played pool at Doe's house, Fiori says Doe "laughed and giggled and smiled" after picking up a pool stick and saying, "I can't believe this was up me the other day!" Then Fiori testified that Doe said it was "cool to be raped."
Scalisi: Those were her exact words?
Scalisi: What were the words exactly?
Fiori: She said, "I should get raped more often."
Scalisi: Do you know when in July 2002 Jane Doe made that statement?
Fiori: It was July 9.
Scalisi: July 9?
Fiori and Chapman pleased the Haidl defense, but their testimonies are easily discredited. Records reviewed by the Weekly prove that Doe was not at her Rancho Cucamonga residence for almost all of July 9, 2002. On that morning, Doe sat inside the Newport Beach Police Department for lengthy interviews with detectives. Later, she spent hours with sexual-assault specialists at Anaheim Memorial Hospital. She did not return home until after 9 p.m.
Despite inconsistencies in their ever-evolving testimonies, the Mean Girls have proven resilient. (See "Mean Girls," June 4, 2004, in OC Weekly's online article archives.) They don't let facts get in their way.
The jury is set to begin deliberations later this week. Many observers believe the defense has succeeded in smearing Doe and another deadlock is most likely. But if there's a third trial, Fiori and Chapman can huddle again with Matsumoto and Stroh to choose a better date for Doe's dramatic statements. They certainly don't want to see the defendants punished. The Mean Girls want to prove Jane Doe is a liar.