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CNN Live Today

Avila One Step Closer to Justice

Aired July 23, 2002 - 10:04   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Prosecutors in Orange County, California, say the man charged with the kidnapping and murder of 5- year-old Samantha Runnion may now be one step closer to death. Suspect Alejandro Avila appeared in court by video yesterday to face formal charges.

And CNN's Rusty Dornin checks in now from Santa Ana, California, with more.

Hello -- Rusty.

RUSTY DORNIN, CNN CORRESPONDENT: Well, Leon, those formal charges include three counts of special circumstances. That's kidnapping and two counts of lewd acts with a child under the age of 14. Now, that enables prosecutors to seek the death penalty. The D.A. here, Tony Rackauckas, says that he is convinced that he can get a guilty conviction in this case, that they can get an impartial jury. He does say that he will go to a Special Circumstances Committee and talk to them, also talk to Samantha Runnion's family to see how they feel about seeking the death penalty.

But bottom line, it is up to the D.A. and the D.A. only whether he will seek the death penalty.

Now, Rackauckas did say that that this horrific crime has had an impact on communities far beyond Staten, California.

(BEGIN VIDEO CLIP)

TONY RACKAUCKAS, ORANGE COUNTY DISTRICT ATTORNEY: It's almost impossible to overstate the amount of damage that this type of crime does to our community and to our nation. This type of crime is extraordinary, not only because it is extraordinarily destructive, not only because of the violence that it brings on a single family, but because of the suffering and fear that it brings to the entire community, and in this case, to the entire nation. Many parents and children feel more fearful and less secure because of this crime.

(END VIDEO CLIP)

DORNIN: Now, Rackauckas says he will make his decision within the next few days on whether or not he will seek the death penalty. But all along, Leon, there have been strong words here by the Orange County sheriff, talking about they were going to get their man. They were 100 percent convinced. Also, this D.A. seems very convinced that he can get a conviction in this case. He says anyone who commits a crime like this in Orange County is either going to spend the rest of their life in jail or they will be executed -- Leon.

HARRIS: Grim prospects indeed. Rusty Dornin -- thank you very much, Rusty. Rusty reporting live to us this morning from Santa Ana, California.

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