Further hearings for accused murderer Paul Gutierrez Jr.

Tuesday, May 08, 2001

Further hearings for accused murderer Paul Gutierrez Jr. are on hold while police finish forensic testing and Gutierrez waits for a public defender.

The Minnesota Bureau of Criminal Apprehension (BCA) must complete testing before the prosecution can compile witness and evidence lists for the defense, said Freeborn County Attorney Craig Nelson. Prosecutors are awaiting final autopsy results to determine the exact time of victim Makaio Lynn Radke’s death, and forensic results from other evidence seized in the investigation, he said. Those results will likely be in by the end of the month.

&uot;The sheer volume of the investigation here is, we’ve got lots of reports,&uot; Nelson said. &uot;I think at last count I was looking at fifty-plus reports.&uot;

Gutierrez has been assigned a temporary public defender while Third District Public Defender Office Attorney Joe Bueltel seeks permanent counsel for him. Local attorney Peggy Rockow-Eskens is handling the case until permanent defense is appointed, but told Judge James Broberg she would rather let Gutierrez’ permanent counsel look through the prosecutor’s evidence lists. She said she was willing to do what it took to avoid delaying the hearing, though.

&uot;If for any reason they don’t have someone appointed … I will start poking through that discovery to represent so we don’t have any critical delay,&uot; she said.

Gutierrez is accused of killing 17-month-old Makaio Lynn Radke while he was watching the child at his girlfriend’s home April 21. He is being held in the Freeborn County Jail, facing a second-degree murder charge, and made his second court appearance Monday.