Former D.A. on Runnion Case
THIS IS A RUSH TRANSCRIPT.  THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED. PAULA ZAHN, CNN ANCHOR: There are still plenty of questions about the case facing the accused killer of Samantha Runnion, Alejandro Avila. Earlier on AMERICAN MORNING, I spoke with the Orange County District Attorney Tony Rackauckas about finding a fair jury to try the case.</s>TONY RACKAUCKAS, ORANGE COUNTY DISTRICT ATTORNEY: And I think that we can get a fair jury. I think, though, the jury selection process is going to be -- is going to be a good one. And I'm comfortable that we'll get a fair jury in Orange County.</s>ZAHN: Rackauckas also says he expects that Avila's defense will ask for a change of venue. The felony charges against Avila include "special circumstances" that could mean or could bring a death penalty. To explain the circumstances, former Los Angeles District Attorney Ira Reiner. Good to see you again -- welcome.</s>IRA REINER, FORMER LOS ANGELES DISTRICT ATTORNEY: Good morning, Paula.</s>ZAHN: So what do you think the chances are, given what you know about this case and given what you know about the Orange County D.A., that he'll ask for the death penalty?</s>REINER: Very strong that -- I say very strong to be cautious. I think it's pretty obvious that they will seek the death penalty. This is, certainly in my judgment, a death penalty case.</s>ZAHN: And why is that, sir?</s>REINER: Well not every homicide in California -- first-degree murder is a death penalty case. It has to be -- and you used the expression "special circumstances." Here in California there is a list of about 20 particular types of homicides that are eligible for the death penalty. Doesn't mean that the death penalty is sought in each of those cases, the alternative would be life without the possibility of parole. This is one of those exceptions, that is 20 exceptions that are "special circumstances" where the death penalty may be sought. Two of these circumstances here involve kidnapping, and a murder and lewd conduct involved in a murder. So this being a "special circumstance" case, it being, frankly, the worst of the worst in the types of cases, the rather cold-blooded, not the type of case where it's involved in a circumstance or it's anger or all of the emotions that sometimes lead to a homicide. This is the cold calculated, vicious type of killing that in the D.A.'s office the death penalty will be sought.</s>ZAHN: The Orange County D.A. expresses a lot of confidence that he can get a guilty verdict in this case. Is he overplaying his hand here?</s>REINER: Well look, you don't file cases unless you have a lot of confidence that you're going to get a conviction. Understand that the filing standards in the district attorney's office are quite specific and that is that you must be convinced that you have enough evidence that an individual trier of fact, that is a jury, would be persuaded by that evidence beyond a reasonable doubt. If you don't have that much confidence, then you should not file the case. All that we've heard about the case so far is that the evidence is extremely strong.</s>ZAHN: One of the other things I asked the D.A. about were the acquittals in two cases of alleged child molestation at the hands of Alejandro Avila where Mr. Avila won acquittals. And I asked the Orange County D.A. if that would have any bearing on the case. He said he conceded because of the acquittal there might be some legal questions to address here. What do you think he was referring to?</s>REINER: Well I'm not sure quite what he was referring to. The -- actually my understanding is that it's only one case. There were two alleged victims in that case...</s>ZAHN: Exactly.</s>REINER: ... and he was -- and he was acquitted. I do not believe that that will be introduced as evidence in what is called the guilt phase in a death penalty case. In California, a death penalty case is divided into two cases. The first one determines guilt or innocence. After the defendant has been found guilty, then you go to a second trial, same jury, immediately after, and they determine the sentence, whether it is to be life without parole or whether it is to be death. In that case, the defense puts on extenuating circumstances in terms of the crime and the prosecution puts on aggravating circumstances. At that time, the evidence of the prior alleged molestation will come into evidence, but only in the penalty phase, not in the guilt phase.</s>ZAHN: All right that was -- brings me to my next question, because that's something I also asked the D.A. about, if he believed that this suspect, Alejandro Avila, had a history of sexual deviancy. And he said I'd love to answer that question, I'd love to go into detail, I can't. So it is only in that second stage of a trial then that this previous history can have any bearing?</s>REINER: No, not at all. I'm -- I was referring only to that prior trial where he was acquitted. The illusion that the D.A. made to other sexual history could involve something far different than what we're talking about that he does not want to reveal at this time.</s>ZAHN: How confident are you that the D.A. can get a fair jury? Because he did concede me -- to me today that he thinks the defense will ask for a motion for change of venue.</s>REINER: Well there's no question that -- well you never say there's no question. It is very likely that the defense will seek a change of venue to another county because it's so much affected that particular area. Those -- change of venue motions are sometimes granted, but only rarely. So it is possible, but not likely, that it'll be granted. The jury that they will have in that particular community, you know the expression it'll be a fair jury. Frankly, what this means is that you go through the winnowing out process of what is called voir dire where you question the jurors and that is said to be effective. Whether it is or not, it is said to be effective. And the case is -- it's just universal that if you are careful in selecting a jury, virtually irrespective of how much pretrial publicity there has been, the case will not be reversed.</s>ZAHN: I know you say prosecutors never bring these cases unless they think they have a good one. Based on what you know so far, do you think the district attorney can win this one? I know it's premature, we don't have a jury seated or any of that, but just based on the facts we know this morning, how does this case look to you?</s>REINER: Well -- and put it all in one thing, the sheriff and the D.A., particularly the sheriff, not sure if the D.A. has said this, is that they have DNA from the crime scene that connects the defendant. If that's the case, they're going to win this case.</s>ZAHN: Ira Reiner, always appreciate your insights. Glad to have you with us this morning. And thanks for getting up so early for us as you usually do.</s>REINER: OK.</s>ZAHN: Appreciate your allegiance to AMERICAN MORNING -- Bill.</s>BILL HEMMER, CNN ANCHOR: He is so right, "the worst of the worst" -- his words earlier. Thank you, Paula. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com