John Gardner Photo: Lenny Ignelzi, Associated Press
With special allegations charged in Wednesday's arraignment against accused killer John Albert Gardner III bringing the potential for the death penalty, prosecutors appear to be taking no chances with his trial.
Gardner entered a not guilty plea at his arraignment in a downtown San Diego County court after being formally charged in the rape and murder of Chelsea King, 17, of Poway.
It appears public statements by prosecutors in the case will be kept to a minimum. Prosecutors are attempting to keep a tight lid on publicity surrounding the case to aid in keeping Gardner's trial located in San Diego.
A defense attorney could conceivably move for a change of venue in the case, arguing excess pretrial publicity could impact Gardner's right to a fair trial.
Gardner is being represented by the San Diego County Public Defender's Office.
The special circumstance allegation, that King was murdered during the commission of a rape or attempted rape, brings the potential for a death penalty if Gardner is convicted, District Attorney Bonnie Dumanis in a statement.
Whether prosecutors will indeed seek the death penalty will be determined after the preliminary hearing scheduled for later this month, Dumanis said.
“Now that we have filed charges, our primary focus is obtaining justice for Chelsea King and her family,” Dumanis said. “This crime has touched the entire community and I want to thank the San Diego County Sheriff’s Department, the FBI and all law enforcement involved with the ongoing investigation for their extraordinary cooperation.
"I also want to acknowledge the dedication of all the volunteers who helped in the search for Chelsea,” Dumanis said.
Gardner is also charged with assault with intent to commit rape in connection with the attack on a jogger last December.
San Diego Superior Court Judge Joseph Brannigan ordered Gardner jailed without bail.
Gardner’s next court date will be a status hearing on March 9. A preliminary hearing is set for March 18.
Dumanis has assigned Deputy District Attorney Kristen Spieler to prosecute the case.
“We will be trying this case and presenting evidence in open court, not in the public or the media,” Spieler said.
The District Attorney's Office has advised journalists that Spieler will not be available for further interviews and have directed any media inquiries regarding prosecution of the case to their two spokesman, Paul Levikow and Steve Walker.
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