The investigation into Makaio Radke’s death started with a hang-up 911 call from 505 Johnson St.

Wednesday, March 06, 2002

The investigation into Makaio Radke’s death started with a hang-up 911 call from 505 Johnson St. at 9:52 a.m. on April 21.

In accordance with police procedure, dispatcher Barbara Whitaker called the location back. A man answered the call, said a baby was on the way to the hospital and declined assistance. The voice was that of Paul Gutierrez, but he did not provide his name at the time.

Whitaker, a 21-year veteran, sensed some excitement in the voice, and dispatched police officers to Albert Lea Medical Center and the residence. She also informed Stacy Judd at the ALMC emergency room that the patient was coming.

Just after the conversation with Whitaker, Gutierrez called a friend and suggested that he was involved with Makaio’s death. &uot;He was crying, and said he might have played too rough with Makaio,&uot; the friend testified in the trial. Gutierrez also told her he would leave before the police came.

Officer Frank Cole arrived at the house 10:35 a.m. and secured the scene. He saw Kristina Baker, girlfriend and housemate of Gutierrez, and two children there. But, Baker did not tell Cole anything about Gutierrez.

After the call, the friend ran to 505 Johnson St. and informed Cole that Gutierrez lived there.

By that time, Gutierrez had fled through the back door to another friend’s house on Bridge Avenue. &uot;I am out of shape,&uot; Gutierrez said to the friend when he showed up. He asked for a ride to another location on Hammer Road.

The search for Gutierrez started when the police determined the baby’s death was a homicide. Meanwhile, a BCA forensic crime scene team arrived in town and started the investigation.

The investigators got information that Gutierrez called his brother later on that day. Through caller ID on the brother’s cell phone, the police identified Gutierrez’s hideout on Hammer Road and arrested him at 9:49 p.m. for accumulated petit-misdemeanor charges. BCA agent Robert Berg and Herm Dybevik started interviewing him at the Law Enforcement Center the same night.

The police successfully grapsed a clear picture of the crime in a short time.

ALPD detective James Stark prepared a search warrant for the crime scene, and assisted the six-hour long examination by the BCA unit starting at 6 p.m. Detective Ben Mortensen conducted interviews with relevant parties and took photgraphs of Makaio’s body. The pictures were presented to Gutierrez in the interview, which provoked him greatly.

Peggy Radke, mother of Makaio, and Baker initially misled the investigation, trying to protect Gutierrez. However, with knowledge from Gutierrez and other witnesses, the investigators pointed out their discrepancies and they eventually changed their stories.

The investigation involved 20 investigators and interviews with 60 people. Investigation reports handed to the prosecutor piled up to eight inches high.

County Attorney Craig Nelson said the initial investigations is the key to establishing a case – particularly one that involves sexual conduct. &uot;We may lose all the physical evidence unless the crime scene is properly secured,&uot; he pointed out.

The investigation continued for the grand jury process and trial. New findings include a phone call from Peggy Radke to a child protection organization on the morning of April 21, right before Makaio was found dead, reporting possible abuse on her three-year-old daughter. The defense asserted this phone call was evidence she was not involved in the crime, as the defense tried to show.

Chief prosecutor William F. Klumpp Jr. gave credit to the investigators. &uot;The prosecution owes largely to the coordinated efforts by local police and the BCA,&uot; he said.