Criminal
Aug. 7, 2002
DA Wants Death for Child-Slaying Suspect
SANTA ANA - Orange County prosecutors will seek death for the man accused of killing Samantha Runnion, District Attorney Tony Rackauckas announced Monday.
"This crime has shocked and outraged our community, our nation, even other nations," Rackauckas said during a press conference. "There is no question in my mind that the person who kidnapped, molested and murdered 5-year-old Samantha should get the death penalty."
Alejandro Avila, 27, of Lake Elsinore faces charges of murder, kidnapping and two counts of molestation, as well as three special circumstances allegations that allowed prosecutors to seek the death penalty.
Two of the special circumstances concerned an intent to kill while engaged in lewd act with a child. The third was committing murder during a kidnapping.
Rackauckas said he considered the seriousness of the crime, the damage to the community, the public defender's arguments and the family's wishes.
"If ever there was a case where justice would be served by seeking the death penalty, this is the case," he said. "Any mitigating factors do not remotely outweigh the callous and depraved crimes of which Mr. Avila is charged."
Rackauckas said that he would not accept a plea bargain under any circumstances.
He would not say what Samantha Runnion's family members wanted in the case. He said he would let them speak for themselves.
Rackauckas said he decided what punishment to seek after consulting with Chief Assistant District Attorney Chuck Middleton and three deputy district attorneys. He said they unanimously agreed on the death penalty.
Avila, who is being held without bail at the Men's Central Jail in Santa Ana, has denied the charges.
Avila's attorney, Orange County Public Defender Denise Gragg, could not be reached for comment.
Sources indicate, however, that the public defender's office has not received any discovery in the case. The office will move within the next few days to get the evidence it needs, according to the sources, who asked not to be identified.
Avila is scheduled for arraignment Friday.
He was arrested five days after Samantha Runnion's nude body was found on the side of a road near Lake Elsinore,
He faced similar sex charges last year in Riverside County when he was accused of repeatedly molesting two 10-year-old girls, one of whom was the daughter of his former girlfriend.
But a jury acquitted Avila of those charges, and his defense attorney, John Pozza of Temecula, said the case was never rock solid to begin with.
That might not deter prosecutors in the Orange County case from using testimony from the Riverside trial.
A special evidence rule enacted in 1995 by the state Legislature allowed prosecutors to introduce evidence about past sexual "bad acts," even if the defendant was acquitted.
Rackauckas said he will decide closer to trial whether to use the Riverside testimony.
He said that, if the defense exercised its rights to a speedy trial, the case could start within 90 days of Avila's arraignment.
"I can tell you this," Rackauckas said. "My office will not tolerate any unnecessary delays."
Jim Adamekn
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