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CNN Live Today

Not Guilty Plea on Part of Alejandro Avila

Aired August 09, 2002 - 12:59   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: It is the classic bait of a kidnapper, and it may have cost the life of an innocent 5-year-old. A witness says Samantha Runnion was asked by a man to help him find his puppy. She was last seen alive as the man drove her away. Authorities now say they are 100 percent sure that man is Alejandro Avila. And, today, he is being arraigned, and he had already pleaded not guilty.
Charles Feldman is in Santa Ana, California, and, Charles, you updated us a little bit just the last hour. What's the latest now in terms of whether his defense attorneys will try to seek a change of venue?

CHARLES FELDMAN, CNN CORRESPONDENT: Yes, good morning, again. As I reported before, Alejandro Avila's court-appointed defense attorney told me a few minutes ago that's it's extremely likely that she will seek a change of venue when this case eventually goes to trial, all because of the pretrial publicity in this case.

Now, Avila pleaded not guilty earlier this morning here in an Orange County court to the charges against him, the charges of course that he kidnapped, sexually assaulted and then murdered 5-year-old Samantha Runnion.

But there was a little legal battle going in court before the plea was entered. The district attorney of Orange County himself showed up in court, highly unusual, to argue that he wanted a preliminary hearing -- that's when they decide whether there's probable cause to go to trial. He wanted it held as soon as possible. Not so fast, said the defense attorney, she doesn't have enough what's called discovery information -- that's the material that the prosecutors hope to introduce at trial. She wants it. She says she can't prepare for trial without it. The judge came down on her side.

So on September 16th, they're going to meet here all again to set a date for that preliminary hearing. And by that point, she thinks will know better whether or not and when she's able to go to trial.

But the most important thing, as I said, is she's reserving her right to -- at a future time, ask for a change of venue. And the mere fact the district attorney was in the court himself actually feeds into her argument that this case is being prosecuted in highly unusual manner compared to other cases of this nature that have come before the court in Orange County, California.

So again, the headlines: not guilty plea on the part of Alejandro Avila, his attorney saying that she is likely to seek a change of venue when this goes to trial. And of course, the case all about -- that sad case about the kidnapping, sexual assault and murder of little 5-year-old Samantha Runnion, kidnapped from outside her very home right here in Orange County, California -- Fredricka.

WHITFIELD: And this case will open up another question. Should one of the eyewitnesses, who was I believe five years old herself, who watched the abduction -- is it likely they would have this 5-year-old testify in court of what she saw, putting the two pieces together of Samantha Runnion and Alejandro Avila?

FELDMAN: That's a very good question. She, as far as we know, is the only eyewitness, and as such, even though she's five, in some form would have to testify. In past cases involving juveniles, sometimes special arrangements can be made, sometimes they can offer their testimony on videotape so they don't have the trauma of coming before a courtroom, which can be very traumatic to a 5-year-old, but that's yet to be decided. She's the eyewitness. She will have to in some form testify.

WHITFIELD: What about, Charles, Samantha Runnion's parents? We know immediately after Samantha, you know, was found dead, the mother went into seclusion for quite some time. Was she in court?

FELDMAN: No, I didn't see her. It's possible that she was, but the courtroom was quite packed. As you can imagine, with attorneys from both sides, the news media and spectators. If she was there, I didn't see, her but it's possible.

WHITFIELD: The next step, then?

FELDMAN: Well, the next step, as I said, is September 16th at 9:30, that will all come marching back into court. All that will be about setting another date. That's what these court cases seem to be about, is set one date after the next. That date will be for what's called the preliminary hearing. It's a probable cause hearing, when both sides will discuss what evidence there really is to bring Alejandro Avila to trial on the charges against him, and that's likely to be set at some point in the future, best guess is October, November maybe.

WHITFIELD: Charles Feldman, from Santa Ana, California. Thank you very much, appreciate it.

FELDMAN: You're welcome..

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