Paul Gutierrez, Jr.

Thursday, October 04, 2001

Paul Gutierrez, Jr. accused of slaying 17-month-old Makaio Radke, pleaded not guilty on Wednesday. The Freeborn County District Court will have its first premeditated murder trial in more than a decade early next year.

Gutierrez entered his innocent plea in front of Judge James Broberg. The court decided to schedule a two-week jury trial.

A Freeborn County grand jury has indicted Gutierrez for two counts of first-degree murder, by sexual conduct and child abuse, and a count of second-degree murder in connection with the death of Radke.

Gutierrez is accused of killing the toddler on April 20 or 21 in the Albert Lea home where he was a part-time resident. Investigators confirmed the death was the result of extreme child abuse.

If convicted, Gutierrez faces a maximum sentence of life in prison without parole.

In the omnibus hearing preceding the plea, which serves to determine whether evidence presented by prosecutors is sufficient to warrant a trial, defense attorney Michael York demanded the disclosure of documents from the prosecutors.

The prosecutors are planning to submit information obtained by the County Human Service Department and other records of Gutierrez’s bad acts as evidence to the trial.

Broberg ruled the information to be given to the defendant’s side by Nov. 30, and further hearings to be held after it.

York has submitted a list of 35 people as possible witnesses in the trial. He also wrote that one or more experts would be called for testimony.

Physical evidence and seized items gathered by law enforcement, forensic reports of law enforcement and independent experts are on the evidence list York said he would use in the trial.

The two-week jury trial date is not set, but County Attorney Craig Nelson, one of the prosecutors, said it would be February or March next year.