A defense attorney for Paul Gutierrez Jr.

Friday, January 18, 2002

A defense attorney for Paul Gutierrez Jr., who is accused of killing toddler Makaio Radke, challenged evidence regarding Gutierrez’s past in a hearing Thursday, claiming they are irrelevant to the case.

According to the criminal complaint, 18-month-old Radke was taken to the emergency room at Naeve Hospital in Albert Lea around 10 a.m. on April 21 last year. The toddler was pronounced dead upon arrival.

Gutierrez, who was living in Radke’s residence, was charged with two counts of first-degree murder, by child abuse and sexual conduct, and second-degree murder.

Besides evidence directly connected with the death, Assistant Attorney General William Klumpp Jr. filed materials that show abuse on another infant living in the same residence. He had also submitted documents that describe Gutierrez’s other odd behaviors.

Defense attorney Michael York asked the court to suppress such evidence, saying, &uot;Conviction should not be made based on irrelevant and prejudicial evidence.&uot;

He pointed out the abuse on the other infant had never been reported before Radke’s death, and said the evidence lacks substance.

However, Klumpp said the alleged abuse is relevant because of the timeframe involved and proximity of age between the two children.

According to the prosecutor, Gutierrez was with both children between 1 p.m. on April 20 and 1 a.m. on April 21 while the other two adults living together were out shopping.

Klumpp also contended the evidence of Gutierrez’s behaviors he filed is so-called Spriegl evidence – past behaviors that would prove the motive, propensity, absence of mistake, or common scheme of plan.

York insisted the Spriegl evidence would need to address specific purpose or motive of the acts against which the charges were made.

A three-week jury trial is starting Feb. 19 after Judge James Broberg makes a ruling about what evidence will be used in the trial.