APS employee’s mistake left innocent teen jailed for murder (ABQ girl spends week in jail)

The Albuquerque Journal ^ | December 4, 2019 | Matthew Reisen

[CedarDave]

ALBUQUERQUE, N.M. — When a detective asked for help identifying a murder suspect from a Facebook photo, an Albuquerque Public Schools employee obliged. But that employee picked the wrong girl.

The case of mistaken identity left an Albuquerque High student in jail for a week — charged with a murder she played no part in.

Making matters worse for 17-year-old Gisell Estrada, the criminal complaint was sealed, which Estrada’s defense attorney says left him blind to the allegations against her. Police had said Estrada and her friends set up the robbery of a 21-year-old man in July that ended with his death in a Northeast Albuquerque apartment complex parking lot.

Michael Patrick, a 2nd Judicial District Attorney spokesman, said they have to follow the lead of the police investigation and were “under the impression” they had the right person. “The defense did raise the issue of identity but it was not proven until a day after her release,” he said.

“This child was terrified,” said Craig Acorn, Estrada’s defense attorney. “She’s being accused of the most serious crime you can be accused of. She has no idea what they’re talking about, and she’s about to be arrested and incarcerated for the first time in her life.”

Acorn said the sealed complaint and a detective’s unwillingness to share case details —victims, witnesses and even dates — left them no choice but to advise Estrada to not make a statement to police.

“We didn’t know what this case was even about. … We had no information whatsoever,” Acorn said. “We knew nothing at the time we turned her in.”

Now police say they have found the right girl. Detectives arrested Alexis Pina, 17, on Monday at Cesar Chavez Charter School.

[CedarDave]

Prosecutors had filed a motion to detain her until trial. In their defense, APD says her refusal to speak left the detective with no choice but to book her. But with police anxious to solve this crime, if she had cooperated with them and maintained not only her innocence but no knowledge of what they were talking about, they could have badgered her into a confession.

In any event, I see a giant lawsuit against the school district and the police as a result of this false arrest.

[CedarDave]

NM list PING!

I may not PING for all New Mexico articles. To see New Mexico articles by topic click here: New Mexico Topics

To see NM articles by keyword, click here: New Mexico Keyword

To see the NM Message Page, click here: New Mexico Messages

(The NM list is available on my FR homepage for FR member use; its use in the News Forum should not be for trivial or inconsequential posts. Let me know if you wish to be added or removed from the list.)
(For ABQ Journal articles requiring a subscription, scroll down to the bottom of the page to view the article for free after answering a question or watching a short video commercial.)

[billorites]

[Red Badger]

Can she sue?.....................

[Red Badger]

Detectives arrested Alexis Pina, 17, on Monday at Cesar Chavez Charter School

I think I see the problem...................

[UnwashedPeasant]

Just my speculation, but she might have $50,000 in legal debt with no recourse for recovery.

[Diana in Wisconsin]

Yep. Lawsuit for sure. Poor kid.

But, it could happen to any of us - which is terrifying!

[CedarDave]

“We knew nothing at the time we turned her in.”

A little more regarding this comment. Estrada had been made aware that a warrant had been issued for her arrest. She was directed to a criminal defense attorney who advised her to turn herself in before the police found and arrested her.

[Ronin]

She did the smart thing by keeping her mouth shut.

[Mouton]

If the only evidence in this case was the photo ID without corroboration, both the copper and the DA should be in the unemployment line. The judge has a good case for being appointed as a FISA judge when an opening comes up.

[catnipman]

“She did the smart thing by keeping her mouth shut.”

totally ... excellent representation by her attorney ...

[Mark17]

Don't talk to cops. 😄

[Brian Griffin]

“She was directed to a criminal defense attorney who advised her to turn herself in before the police found and arrested her.”

IMO (based on the comment)(I’m not a lawyer), the attorney should have questioned her, found out that she was innocent, informed the police of her innocence and investigated further.

[Cboldt]

-- Can she sue?..... --

Sure, but she'd lose. No deliberate misconduct.

Gisell has learned soemthing about the way "the system" works. She's wiser than most, that way.

[The Antiyuppie]

“She did the smart thing by keeping her mouth shut.”

Word 1:Lawyer
Word 2:

[colorado tanker]

So, the police position is that it was her burden of proof to prove she did not commit a crime they refused to identify?

That's the Schiff-show standard. She was well-advised not to say anything.

Get your checkbooks out, folks.

[raybbr]

Did you miss the part of the story where the lawyer says they don’t even know what crime she was accused of it was a sealed indictment

[Brian Griffin]

Don’t arrested persons have to be brought before a judge fairly quickly?

[Equine1952]

The LEO folks are eager to close the case and will bitch, badger, and push for something said that they can use. Best to let the lawyer do your talking. Especially if you’re innocent. You have the right, shut up and use it.

[CedarDave]

If the only evidence in this case was the photo ID without corroboration, both the copper and the DA should be in the unemployment line.

That appears to be it. When the mis- identification was discovered, the police say that Gisell Estrada and Alexis Pina "look extremely similar in date of births, facial features and body type among others” ...

(Her attorney is with the Public Defenders Office and not a private attorney. My bad in not catching that.)