Posted on 12/05/2019 2:06:02 PM PST by 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.
(Excerpt) Read more at abqjournal.com ...
I don’t think the lawyer or the girl knew what the charge was, so he had nothing to go on to attempt to exonerate her from the secret charge.
You have rights, for example the right to remain silent, just don’t try to use those rights.
I've already spotted the problem....
More from the article:
Acorn said they were prepared to prove Estrada’s innocence during her initial hearing — even bringing a teacher along to testify on her behalf — but prosecutors filed for preventive detention and, therefore, the judge couldn’t hear the case.
Not sure how that works, but it's in the article.
$50,000 is nothing if she can collect $5,000,000 in a suit.
Now, question is, is she legal?
PS - Never talk with with police without a lawyer.
Dear officers, my client has no idea why you want her in jail. I believe you have made a mistake.
WRONG!
The Detective without Probable Cause or Evidence KIDNAPPED AT GUNPOINT a 17 yr old Girl and HELD HER FOR RANSOM.
Sorry, when they became aware of the warrant, the Public Defender’s Office turned her in to the police.
“...APD says her refusal to speak left the detective with no choice but to book her....”
What a crock.
Cha-Ching!
That's about it. When they finally caught one of the murderers, he told police they had the wrong girl.
How was a Warrant issued without Evidence or Probable Cause??
An I think so, or Maybe it’s her doesn’t cut it. Probable cause means Most Definitely, We are Almost Positive, We Know she did it, Very Little room for Doubt,...
Either he LIED to the Judge or the Judge issued a Warrant based on NOTHING!!! And I’m sorry, but I believe Public Servants should be Held to the Highest of Standards and Criminal Liability should be Attached when an Innocent Citizen suffers Real Harm, REGARDLESS of their Good Intentions.
Ping
The innocent girl probably had a cell phone.
Most young people carry their cell phones outside their home.
The police could have found out where the innocent girl’s phone and she were at the time of the crime.
Someone must have been telling lies about Josef K., he knew he had done nothing wrong but, one morning, he was arrested.
“...APD says her refusal to speak left the detective with no choice but to book her....”
What could she possibly say except for that she was an innocent person?
Seems like the lawyer could have filed a writ of habeas corpus at least.
“In all criminal prosecutions, the accused shall enjoy the right...to be informed of the nature and cause of the accusation”
Amendment VI
well that girl just won the lottery by way of lawsuit
“I think I see the problem.”
True, but there is still an outside chance that she’s clean, despite attending Cesar Chavez High School.
Assuming she is clean, then hopefully she gets compensated appropriately. The people that I don’t care much about are those with 20 violent felony convictions, but always cut loose by judges - finally they get convicted of murder. For those people, I don’t care if they’re innocent of that particular murder or not, they need to be removed from society.
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