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Prosecutors Plan to Announce Today Whether They'll Seek Death Penalty Against Alejandro Avila

Aired August 05, 2002 - 13:02   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.
KYRA PHILLIPS, CNN ANCHOR: Prosecutors in California plan to announce today whether they'll seek the death penalty against Alejandro Avila. The 27-year-old is charged with kidnapping and killing 5-year-old Samantha Runnion outside her home last month.

CNN's Thelma Gutierrez joins us from Santa Ana with a preview.

Hi, Thelma.

THELMA GUTIERREZ, CNN CORRESPONDENT: Hi, there, Kyra.

You're right, that announcement is expected to come within the next several hours. Now the Orange County district attorney has said he would take several factors into consideration when deciding to seek the death penalty or not. They include the community's opinion in all of this, and, of course, that of Samantha Runnion's mother, Aaron.

Now, the suspect, 27-year-old Alejandro Avila is charged with four felony counts in the kidnapping, molestation and murder of 5- year-old Samantha Runnion.

Now there are three special circumstance allegations against Avila which could make him eligible for the death penalty, including two counts of forceable rape, two counts of forcible lewd conduct upon a child under the age of 14, and murder during the commission of those during lewd acts.

Samantha was kidnapped from her home while she played with friend on July 15th. Her nude body as discovered less than 24 hours later, some 50 miles away.

Samantha Runnion's mother, Erin, says that she will leave any decisions regarding the death penalty strictly up to the district attorney, and the panel of attorneys are advising the DA how this case will compare to other death penalty cases and case that are similar to this, but ultimately, that decision is up to the district attorney.

And there will also be, Kyra, a special hearing on August 9th, in which Avila is expected to enter a plea. Currently, he is being held a short distance away from here at the Orange County jail.

Kyra, back to you. PHILLIPS: What's the response been, Thelma? Have you had chance to speak with community members or people gathering for all this? What's the majority say about the death penalty? Do they want to see this man die?

GUTIERREZ: Well, Kyra, the announcement will be held by, you know 1:00, about four hours from now, three or four hours from now. And so I can tell you that at this current time it's just media who is here. But as you recall, there was just this terrible outrage when the crime was announced. And a lot of people very angered with what happened to this little girl, but we will have to see, and of course wait and see what Samantha Runnion's mother has to say about this.

PHILLIPS: Will we hear from Alejandro Avila's mother again? When this broke out she talked to the cameras and to some reporters, and came out and talked about her son was innocent and couldn't believe this was all happening. Can you expect to hear from her again?

GUTIERREZ: Well, I suppose so, Kyra. Alejandro Avila's mother lived in Lake Elsinore, which is quite a distance from here. I don't suspect that she will be here today. But you're right, right after that, she came out, she did talk to us, she told us that she firmly believed that her son was innocent, but we'll see what she has to say as to whether or not this -- the DA decides to seek the death penalty.

PHILLIPS: All right, Thelma Gutierrez, thanks so much.

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