Were they paid off our are they just trying to protect their daughters reputation?
Girl Says Sex With Haidl Consensual
POSTED: 6:47 pm PDT August 26, 2004
UPDATED: 8:37 am PDT August 27, 2004
LOS ANGELES -- The parents of a 16-year-old girl authorities say was the victim of misdemeanor statutory rape by an assistant sheriff's son facing gang-rape allegations in another case sued the district attorney's office Thursday.
In the federal civil rights lawsuit, the mother and father of "Jane Doe II" contend prosecutors illegally forced the girl -- who says her July 13 relations with Greg Haidl, 19, were consensual -- to provide a mouth swab DNA sample.
The plaintiffs and their daughter want no part of a prosecution against the young man.
Haidl has had numerous run-ins with law enforcement since he and two other teens were charged with having their way with "Jane Doe," an allegedly drug- and alcohol-dazed 16-year-old, in July 2002, and videotaping the encounter.
Their first trial ended with a deadlocked jury.
The lawsuit filed Thursday asks a federal judge to bar state prosecutors from using the DNA sample the second girl gave.
"We believe a victim has rights to decide what should happen to their body and their DNA, and what should not happen to it," said plaintiffs attorney Adam Stull.
"My clients do not want to be involved in any way, shape or form" with the Haidl case, Stull said.
The lawsuit names the Orange County District Attorney's Office, District Attorney Tony Rackauckas in his official capacity and individually, Investigator Michael Welch and Senior Deputy District Attorney Dan Hess, in their official and individual capacities, and Deputy District Attorney Elizabeth Costello in her official capacity.
The alleged sex with Jane Doe II, authorities said, occurred at a home in San Clemente, where several teens had gathered for a party.
Haidl was arrested two days later after prosecutors filed the charge against him. He posted $100,000 bail -- the same amount as in the gang-rape case -- and faces trial Aug. 31.
Stull said after the girl's parents hired him to act as a "buffer" between them and the Orange County District Attorney's Office, prosecutors asked if the girl would agree to a mouth swab.
Stull said he checked with his client and her parents, who said, "emphatically no."
To get around that, Stull contends, prosecutors got a search warrant based on a law dealing specifically with child pornography, "something that's not even an issue in this case."
Armed with a court order, authorities went to the family's home last Friday, while the girl was asleep and her mother was in pajamas, and asked that the teen submit to a mouth swab, Stull said.
"This is an unlawful use of the law for an unlawful purpose," he told reporters in his Irvine offices.
Stull said he will ask U.S. District Judge Stephen Wilson, of Los Angeles, to bar prosecutors from using the DNA evidence. Wilson is expected to take up the matter sometime next week.
District Attorney Tony Rackauckas said his office is trying to protect the legal interest of the girl in moving forward with the case.
"We understand this girl's fears, given the abusive treatment that Jane Doe No. 1 received at the hands of the Haidl defense team," Rackauckas said. "We are always concerned with the feelings of a victim, and from time to time a victim may not want to pursue a criminal prosecution. But our overriding responsibility is to the community."
Rackauckas said it is the "sworn duty" of his office "to obtain justice for the community as a whole."
"This obligation must be followed even though the victim may be reluctant to testify," he said. "We will do everything we can to protect the interest of the victim as we move forward in prosecuting this crime."
Parents should be prosecuted for child endangerment and contributing to the delinquency of a minor. Allowing their underage daughter to fvck a sex predator.