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Accused Runnion Killer Prosecution to Discuss Death Penalty

Aired August 05, 2002 - 14:28   ET

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

KYRA PHILLIPS, CNN ANCHOR: The man accused of kidnapping and killing 5-year-old Samantha Runnion will learn today whether he could face the death penalty. Prosecutors this afternoon plan to announce whether they'll pursue the death sentence for 27-year-old Alejandro Avila.
CNN's Thelma Gutierrez joins us now live from Santa Ana with a preview -- Thelma

THELMA GUTIERREZ, CNN CORRESPONDENT: Hi there, Kyra.

A short time ago, you and I were talking about the community's reaction to the death penalty in Avila case. And I can tell you that sources have revealed to us that they have -- the DA's office has received hundreds of letters, not only from this community, but also from outside of the country, the vast majority asking for the death penalty in this case.

Now, the announcement from the Orange County District Attorney, Kyra, should come within the next couple of hours. The district attorney has said that they will consider several factors when seeking the death penalty. Of course, the community's opinion and the opinion of Samantha Runnion's family.

The suspect, 27-year-old Alejandro Avila, is charged with 4 felony counts in the kidnapping, molestation and murder of 5-year-old Samantha Runnion. There are three special circumstance allegations Avila which could make him eligible for the death penalty, including two counts of forcible lewd conduct on a child under 14 and murder committed during those lewd acts.

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

Samantha Runnion's mother, Erin, says she will leave any decisions regarding the death penalty strictly up to the district attorney.

(BEGIN VIDEO CLIP)

TONY RACKAUCKAS, DISTRICT ATTORNEY, ORANGE COUNTY: We will consider all of details concerns the case. As a part of the process, I intend to meet with Samantha's family and to also meet with the attorneys for the defense in this case. And after considering all that they have to offer and all the details that we have, all of circumstances about the case, then I'll make a decision whether or not we're going to seek a death penalty.

(END VIDEO CLIP)

GUTIERREZ: Alejandro Avila is expected to enter a plea on August 9, when his arraignment is continued. And that continuance happens at the request of the defense.

Right now, Kyra, he is being held right down the street at the Orange County Jail.

Back to you.

PHILLIPS: Thelma Gutierrez, thank you.

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