Expert’s humor draws police complaint from prosecution

Deepa Bharath

An Orange County deputy district attorney on Wednesday filed a police

complaint against an expert witness for the defense, who she says

tried to verbally and physically intimidate her.

Deputy Dist. Atty. Susan Schroeder, who handles the media for her

office in a high-profile, gang-rape case involving the son of Orange

County Assistant Sheriff Don Haidl, said she felt threatened by Joe

Micalizzi, the defense’s video expert on the case.

Prosecutors say Greg Haidl, Kyle Nachreiner and Keith Spann raped

a 16-year-old girl and sexually assaulted her with various objects at

the assistant sheriff’s Corona del Mar home. The defendants also made

a videotape of the incident, which has been played for jurors and

other expert witnesses during the trial.

Schroeder said she and Dave Lopez, a KCAL-9 reporter, were

entering the courtroom Wednesday when she heard Micalizzi say: “Don’t

stand too close to Dan [Hess]. Lightning may strike him.”

Schroeder said she was distressed to hear Micalizzi talk that way

about a fellow deputy, who is also the prosecutor on the case.

“So I asked him, ‘What did you say? What did you mean by that?’”

she said. “He just said ‘I said what I said’ and walked away.”

Micalizzi admitted to saying those words but said he was speaking

to Lopez and meant it as a joke. Micalizzi said he was not happy to

hear Hess tell the judge that he had asked to see the original of the

sex tape, considered a key piece of evidence in the trial, for the

first time on Tuesday.

“I’ve been involved in this case for a long time,” he said. “And

Hess and the D.A.’s office have stonewalled me every time I asked to

see the original.”

Schroeder said that was not true. She said Micalizzi, after making

the statement, also bumped into her as she walked toward Nachreiner’s

attorney, John Barnett, to complain about Micalizzi.

Micalizzi said he just walked by her and did not intend to bump

into her.

“But I did see her going to Barnett to tell on me or something,”

he said. “And I didn’t do anything. What’s this, fifth grade?”

Schroeder said she felt intimidated by Micalizzi’s actions.

“I broke into a sweat,” she said. “I was really disturbed.”

Lopez said he understood the statement about Hess was directed at

him, but said he had no idea what Micalizzi meant.

“Maybe he was trying to be funny,” he said. “It was very strange.”

* DEEPA BHARATH covers public safety and courts. She may be

reached at (949) 574-4226 or by e-mail at [email protected].