A District Court judge raised the bail of accused murderer Paul Gutierrez, Jr.

Thursday, May 31, 2001

A District Court judge raised the bail of accused murderer Paul Gutierrez, Jr. to $1 million Wednesday and warned him to avoid contact with the victim’s family and his own infant daughter.

District Judge James Broberg granted Assistant Attorney General William Klumpp’s request to increase Gutierrez’s bail from the previously set amount of $750,000 to more accurately reflect the seriousness of the multiple charges. Klumpp also reminded the court that Gutierrez was a flight risk because he allegedly fled the scene when authorities came looking for him.

&uot;The request by the state is not unreasonable based on the information we have at this time,&uot; Broberg told Gutierrez and his defense lawyer, Michael York. Broberg also agreed with Klumpp’s assertion that Gutierrez should not have contact with his three-month-old daughter, considering the abuse elements of the indictment.

A grand jury indicted Gutierrez Friday with two counts of first-degree murder, by sexual conduct and child abuse, and a count of second-degree murder.

Though Gutierrez waived his right to a formal reading of the charges against him, he did not enter a plea during Wednesday’s court appearance. An omnibus hearing will be scheduled after grand jury transcripts are complete, Broberg said.

Gutierrez is accused of killing 17-month-old Makaio Radke, who was found dead April 21 in the Albert Lea home where Gutierrez was a part-time resident. An examination of the home and autopsy results led authorities to cite extreme child abuse as the cause of death.

Police arrested Gutierrez, who had been babysitting Radke the night of the child’s death, while his mother and her roommate were gone.

York, a Rochester attorney recently appointed to defend Gutierrez, would not comment on the case or say what plea Gutierrez is likely to enter.