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American Morning

Death and No Deal For Alleged Killer of Samantha Runnion

Aired August 06, 2002 - 09:11   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.
BILL HEMMER, CNN ANCHOR: Death and no deal for the alleged killer of 5-year-old Samantha Runnion. That is the message from prosecutors in Orange County. They intend to seek the ultimate penalty for the suspect, Alejandro Avila. He has proclaimed throughout the investigation that he is innocent and has an alibi to back it up.

A bit earlier, I talked with the Orange County DA, Tony Rackauckas, about prosecuting the Samantha Runnion case.

(BEGIN VIDEOTAPE)

HEMMER: Tony Rackauckas is our guest now from California. Yesterday, you said that if there were ever a case where the death penalty fit, this indeed is that case. What are the facts right now that support the statement from yesterday?

TONY RACKAUCKAS, ORANGE COUNTY DISTRICT ATTORNEY: Well, the heinous nature of the case that, you know, this is a very young, innocent child, and she was snatched from a location, a courtyard that's just a few steps away from her home. It's the shocking nature of the case, the way she was brutally molested and then murdered. Those facts were the primary facts that go into the question of whether or not to seek the death penalty. That's the crime, and then the next question is whether or not we should seek the death penalty against this particular defendant.

And in our committee meetings that we had, we didn't find any mitigating factors or situations that would outweigh, in fact, even remotely outweigh, those horrendous facts.

HEMMER: Here's some other facts. In 24 years, your state, California, have executed 10 people. Right now, 600 men and women, roughly 600, have been sitting on death row for about a 24-year period. Even if you get a conviction in this case, what are the chances of your state carrying out an execution?

RACKAUCKAS: Well, you know, we treat this seriously. I can't look at it and say that, well, there's so many people on death row and executions are slow. The way we treat it is that the execution would be carried out expeditiously. So it's a very serious matter. And I think that there is a bottleneck or slowdown in terms of the actual carrying out of these death penalties, but that may well be cured in the future. HEMMER: It has been said in reported that Avila says she was shopping at local mall that day. There are other reports that suggest there's evidence there's cell phone records from the area where Samantha's body was found, possibly purchase receipts that have been recovered as well. Can you tell more about this evidence?

RACKAUCKAS: Well, you know I would like to, but I have to try this case in court, and I can't do anything that would be inappropriate at this point. I can't really discuss the evidence. Of course, all of that will come out as we proceed with the preliminary hearing and trial.

HEMMER: You said yesterday, you will not accept a plea in this case. If the plea is insanity, how hard will you fight it?

RACKAUCKAS: Well, we'll fight it hard. If that were to be the case, then we would we would have a trial about that issue.

HEMMER: And do you think he's insane?

RACKAUCKAS: I can't comment on that. I can tell you that if that question were to come up, then we'd work with it, and we would have a trial about that issue.

HEMMER: Eighteen months ago, this man was acquitted on charges of sexual molestation, essentially got off, accused of abusing two younger girls. Will that case play a role in this case today?

RACKAUCKAS: Well, it's hard to tell at this point. There are certain possibilities for that kind of evidence being introduced at the trial. But that depends very much on what a judge's call would be. So as far as whether or not we would even attempt to introduce it hasn't been decided yet. That will be decided at a later time.

HEMMER: What role did Samantha's mother, Erin, play in your decision making?

RACKAUCKAS: Well, it's important I think to listen to the victims. Frankly, I can't conceive of a fair justice system where the victim doesn't have a voice. And so I wanted to meet with her, and talk to her, and listen to her and see what she had to say.

HEMMER: At this point -- I know it's early, but at this point, do you think the case will stay in Orange County, or will it be moved to a new venue?

RACKAUCKAS: Well, I'm certainly hoping that it will stay in orange county. I anticipate that we'll try it here. I think that no question in my mind, that the defendant can get a fair trial here.

HEMMER: Tony Rackauckas, district attorney in Orange County, California. Best of luck to you. Thanks for your time today.

RACKAUCKAS: Thank you very much.

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