News
Contrary to reports last week in other newspapers, the Riverside County girl who lodged the new allegations against Avila wasn't one of the two 9-year-olds the murder suspect was acquitted of molesting in 2001, Riverside County Chief Deputy District Attorney Michael Soccio said Friday.
Accounts in the Riverside Press-Enterprise and the Los Angeles Times were "incorrect," Soccio said.
"I specifically said it was not one of the named victims [in the Riverside County case]," Soccio said. "They didn't get it right. Our current investigation does not involve any criminal actions by Avila against the named victims in our previous case."
Until recently, one of the 9-year-olds lived about four doors away from Samantha Runnion, at the condominium complex where the younger girl was carried off, kicking and screaming, last month. Her body was found in the mountains near Lake Elsinore.
A Riverside jury acquitted Avila in January 2001 of molesting the two girls, who gave explicit accounts of Avila touching their breasts and genitals. The molestation allegedly occurred when Avila baby-sat for the girls, who were cousins, while their mothers were away at work. Prosecutors have said the credibility of the young witnesses might have been an issue in the jury's decision.
According to court documents and transcripts of Avila's Riverside trial, two 13-year-old girls also accused Avila of molesting them, but the jury never heard their testimony.
One of the older girls was the sister of a girl Avila was charged with molesting. The other girl was the daughter of Avila's former roommate, Jose Barragon.
Soccio would not comment on why the two 13-year-olds were not called to testify at the Avila molestation trial. He also declined to say whether either of the 13-year-olds is the girl who came forward with new allegations after Samantha Runnion's abduction.
The Riverside County Sheriff's Department is interviewing the girl and other potential witnesses to determine whether there is enough evidence to bring a new case against Avila.
Authorities said that, if the new allegations are proved, they could be used in either the guilt or penalty phases of the Runnion case, if the judge allows it.
Avila, 27, pleaded not guilty Friday in Orange County Superior Court to charges of murder, kidnapping, and two counts of forcible lewd acts on a child in the Runnion case.
The plea was entered by defense attorney Denise Gragg as Avila looked on from behind a glass partition. Avila was asked whether he agreed to a continuance of his preliminary hearing, and he answered "yes."
Prosecutors have said that they will seek the death penalty against Avila and will not consider a plea bargain.
Avila, who is jailed without bail, has said he was at a mall when the girl was snatched. Officials say DNA evidence found on the girl's body matches that of Avila.
He is set to return to court Sept. 16 to set a date for his preliminary hearing, which will determine whether enough evidence exists to hold him over for trial.
#310901
Jason Armstrong & Sean Windle
Daily Journal Staff Writer
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com



