Makaio Radke may have been sexually abused before he was murdered last April, investigators say.

Wednesday, May 16, 2001

Makaio Radke may have been sexually abused before he was murdered last April, investigators say. Accused killer Paul Gutierrez Jr. could be charged with first-degree murder, or for the alleged sexual abuse.

Gutierrez was charged last month with second-degree murder for allegedly killing 17-month-old Radke, but physical evidence suggests more serious charges could be appropriate, said Freeborn County Attorney Craig Nelson. He has called for a grand jury to review the evidence, and hear prosecution witnesses and recommendations next Wednesday.

The grand jury will decide if evidence of sexual abuse will be connected with other murder charges or be considered separately, Nelson said.

&uot;They decide what, if anything, should be brought,&uot; he said.

Twenty-three Freeborn County residents will be called to serve on the grand jury, and at least 16 will have to serve, Nelson said. Evidential review and deliberation will likely take several days.

Gutierrez is accused of killing 17-month-old Makaio Lynn Radke while he was watching the child at his home on April 21. Investigators say Radke died as a result of severe child abuse, but have not yet issued a final autopsy report. Gutierrez is being held in the Freeborn County Jail.