Police, county investigated alleged abuse

Published 12:00 am Thursday, February 28, 2002

18-month-old Makaio Lynn Radke was a familiar name among law enforcement, medical and human service circles in Albert Lea before his death on April 21 last year, at least since the end of February, according to testimony in the murder trial of Paul Gutierrez Jr.

Thursday, February 28, 2002

18-month-old Makaio Lynn Radke was a familiar name among law enforcement, medical and human service circles in Albert Lea before his death on April 21 last year, at least since the end of February, according to testimony in the murder trial of Paul Gutierrez Jr., 28, Wednesday.

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Suspicion of consistent abuse on the toddler loomed in the testimony of eight prosecution witnesses.

Matthew Radke, father of Makaio, found marks that looked like burns on the baby’s feet on March 21, and took him to the Albert Lea Police Department to report a possible abuse, he said.

On April 11, the father reported bruises behind the child’s ears. ALPD officers took some photos after each occasion.

Matthew Radke moved out the house at 505 Johnson St. on Jan. 11 when he and his wife, Peggy Radke, were separated, and had a visitation right to be with children regularly.

Prior to those incidents, Peggy Radke had taken Makaio to Albert Lea Medical Center to examine two bruises on both cheeks. In his videotaped deposition, Dr. Mohammed G. Soud said he suspected they could not have been caused by an accident, and he ordered a nurse to contact a child protection agency.

Tammy Ressler, a social worker with the county, made unannounced visits on March 2 and March 26. But she did not find any imminent danger for the baby and concluded the cases were not substantiating.

&uot;Peggy was interacting with her children well,&uot; said Ressler. The mother was very cooperative when she was examining the baby and taking photographs, according to Ressler.

During both visits, Gutierrez was at home. Answering a question asking his name, Gutierrez said, &uot;I am just a friend of Peggy,&uot; according to Ressler.

Gutierrez moved in the residence with his girlfriend on Jan. 19, and took care of Peggy’s three children while Peggy Radke and his girlfriend were out working.

Peggy Radke continued denying that continual child abuse happened, attributing the bruises and marks to tumbling and hand-foot-mouth disease. Ressler confirmed that Makaio appeared to be just starting to learn to walk.

In his questions to medical experts, prosecutor William F. Klumpp Jr. clarified that none of the substantial internal damages that were identified as the cause of death in the autopsy, such as rib fractures, were observed by social services or law enforcement, despite the frequent possible abuses on the baby.

In cross-examinations by defense attorney Michael A. York, Peggy Radke testified that she went out the house for a walk for about 10 minutes around 4:20 a.m. on April 21. Later in the day Makaio was found dead.

She also said her three kids wrestled each other frequently, but they were tickling and playing, not having serious fights.

When questioned if he recognized any abuse on his daughter living in Peggy’s residence prior to April 21, Matthew Radke said he did not.

York clarified in his cross examination of ALMC doctor Michael Ulrich that Makaio’s weight was 22 pounds when he treated the baby on Jan. 24, which is 25th percentile from the bottom for his age.