KYRA PHILLIPS, CNN ANCHOR: He's in jail without bond. Alejandro Avila is charged with kidnapping and killing 5-year-old Samantha Runnion, and now prosecutors must decide whether to seek the death penalty. Our Rusty Dornin joins us live from Santa Ana, California with the latest on the case -- Rusty.</s>RUSTY DORNIN, CNN CORRESPONDENT: Well, Kyra, three of the four charges against Alejandro Avila are -- carry special circumstances, which in California enable prosecutors to seek the death penalty. Of course, he is charged with murder, but also kidnapping and two counts of lewd acts with a child under the age of 14. Now, the DA here, Tony Rackauckas says that he is going to examine the charges, and look at the evidence against Avila, and also consult with what is known as a special circumstances committee, and talk about whether they do want to seek the death penalty in this case. He will also talk to Samantha Runnion's family. But bottom line, it is up is to the district attorney here in Orange County to make the final decision. He has said that he does believe that Avila is guilty, and that they have a very good case against him. He says anybody who commits a crime like this in Orange County can expect to spend the rest of their life in jail, or be executed.</s>PHILLIPS: Rusty, I understand Avila in a segregated jail cell, rather. Is that because there is a lot of threats going on against him right now?</s>DORNIN: Now, they have not confirmed that there have been any threats against him, but it is matter of policy almost everywhere that someone who is even accused of child molestation is segregated from the normal jail population because as a rule, folks who here do not take kindly to people who are accused of child molestation. And, of course, this case has been so horrific, involving not only sexual assault but the murder of a young girl, that they are keeping him separate from the rest of the inmates.</s>PHILLIPS: Rusty Dornin live from Santa Ana. Thanks, Rusty.
Prosecutors Deciding on Death Penalty for Avila