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LIVE FROM THE HEADLINES

Kidnapping Suspect to be Arraigned Tomorrow

Aired June 10, 2003 - 19:14   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ANDERSON COOPER, ANCHOR: The man suspected of abducting a 9- year-old California girl is expected to be arraigned tomorrow on charges of kidnapping, as well as sexual assault.
Police arrested David Montiel Cruz Monday after finding him hiding in an attic. There he is now hiding behind that mask. And they are booking him under Enrique Alvarez.

The district attorney's office held a news conference a short time ago. Dan Lothian is following that and the rest of the case from San Jose.

Good evening, Dan.

DAN LOTHIAN, CNN CORRESPONDENT: Well, good evening, Anderson.

Indeed, that press conference wrapped up about a half hour ago and prosecutors here detailed for us in a seven-page complaint some of those counts that they will be bringing against Mr. Alvarez.

Of course, there is the kidnapping count. Also, two counts of sexual assault against a minor and one count of rape. But what was missing from the seven-page complaint was any counts at all on attempted murder.

Earlier in the day, you might remember police authorities confirmed for us that they would be seeking one count of attempted murder. They did not give us any details whether that was for anything that happened to the young girl or you remember the girl's mother and her brother were also attacked. Perhaps it could have been them, but now, that is missing from the complaint.

All prosecutors will say when we questioned them about that is that any counts of attempted murder are off the table for now. Now if convicted on all nine counts against him, Alvarez faces up to 115 years behind bars and, as you mentioned, expected to be arraigned tomorrow around 2 p.m. at a courthouse right next to where I'm standing -- Anderson.

COOPER: Dan, I want to ask you about some video we showed just a moment ago. In it, we see the suspect being brought out by police and he's wearing what looks like a mask. Am I right? Is that a bullet- proof face mask or what is it?

LOTHIAN: Well, the reason he is wearing that mask is because police said he is so aggressive and at times was spitting at police officers. So that is a mask to keep him from being able to hit police officers when he spits.

He was very aggressive even when they went to arrest him. They caught him in the attic, they wanted him to come down. He did not come down, refused. There was a fight, there was a struggle and he was finally cornered with the help of a police dog.

He has been aggressive but then on the other hand, police said they are able to get some information from him. He is cooperating. He is answering questions at times, but they don't know if he's always telling the truth -- Anderson.

COOPER: Dan, as far as we know, the little girl, she's back home and doing OK?

LOTHIAN: The little girl is not back home. She's with her mother, we are told, at an undisclosed location. But according to authorities, she is doing well.

They still continue to question her. They're trying to piece together this case. They have a lot of information already. They have what they call, quote, "a very strong case." But they still are conducting interviews with her in the presence of a child psychologist, as they continue to build this case -- Anderson.

COOPER: Unbelievable. Dan Lothian, thanks very much tonight.

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