Accused Killer of Chelsea King, John Albert Gardner, Pleads Not Guilty

Prosecutors to decide whether to seek death penalty for convicted sex offender.

ByABC News
March 2, 2010, 7:30 AM

March 3, 2010— -- The convicted sex offender accused of raping and murdering California high school senior Chelsea King and burying her body in a shallow grave pleaded not guilty to both counts at an arraignment today in San Diego.

John Albert Gardner III was arrested on Sunday, two days before the body of King, 17, was found 10 feet from Lake Hodges in the park where she went missing on Feb. 25 during an afternoon run.

Amid heightened security around the court house, Gardner was flanked by two court officers. His head was shaved and his hands were manacled around the waist of his blue prison jumpsuit.

Keeping his eyes down, Gardner, 30, simply answered "yes," to a question by the judge whether he understood the charges.

The brief arraignment lasted just a few minutes. No bail was set and the prosecutor did not mention any of the details of the alleged crime. Gardner was assigned a public defender for the arraignment, but that lawyer may not represent him at trial.

Prosecutors said the severity of the accusations, including a "special allegation" that a murder was committed during a rape, could carry the death penalty. The decision to seek capital punishment, however, is weeks away.

"The special allegation does make the defendant eligible for the death penalty," Deputy District Attorney Kristen Spieler said at a press conference following the arraignment. "That decision is made by the D.A., typically after the preliminary hearing and before a trial."

If the district attorney does not seek the death penalty, the charges carry a penalty of 25 years to life.

Gardner's prior record as a convicted sex offender, prosecutors said, would be presented at trial.

Gardner was arrested Monday on suspicion of murder and rape after police found his DNA on an article of clothing that belonged to King.

King's disappearance sparked a 5-day search, in which local, state and federal authorities joined hundreds of volunteers to comb the marshy park looking for the girl or her body.

Former FBI agent and ABC News consultant Brad Garrett said the location of the body likely means King was attacked shortly after she started her jog.