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APS employee’s mistake left innocent teen jailed for murder (ABQ girl spends week in jail)
The Albuquerque Journal ^ | December 4, 2019 | Matthew Reisen

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 ...


TOPICS: Local News
KEYWORDS: albuquerque; crime; falsearrest; murder; newmexico; police
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To: Brian Griffin

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.


21 posted on 12/05/2019 2:31:57 PM PST by Fido969 (In!)
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To: CedarDave
When a detective asked... an Albuquerque Public Schools employee

I've already spotted the problem....

22 posted on 12/05/2019 2:32:47 PM PST by PGR88
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To: Brian Griffin
Don’t arrested persons have to be brought before a judge fairly quickly?

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.

23 posted on 12/05/2019 2:33:48 PM PST by CedarDave (Public schools are better named "propaganda indoctrination centers." Educate your children at home.)
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To: UnwashedPeasant

$50,000 is nothing if she can collect $5,000,000 in a suit.


24 posted on 12/05/2019 2:34:42 PM PST by chopperk (ms)
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To: CedarDave
Someone set her up the bomb...

Now, question is, is she legal?

PS - Never talk with with police without a lawyer.

25 posted on 12/05/2019 2:35:31 PM PST by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: raybbr

Dear officers, my client has no idea why you want her in jail. I believe you have made a mistake.


26 posted on 12/05/2019 2:36:06 PM PST by Brian Griffin
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To: CedarDave

WRONG!

The Detective without Probable Cause or Evidence KIDNAPPED AT GUNPOINT a 17 yr old Girl and HELD HER FOR RANSOM.


27 posted on 12/05/2019 2:36:12 PM PST by eyeamok
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To: eyeamok

Sorry, when they became aware of the warrant, the Public Defender’s Office turned her in to the police.


28 posted on 12/05/2019 2:38:40 PM PST by CedarDave (Public schools are better named "propaganda indoctrination centers." Educate your children at home.)
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To: CedarDave

“...APD says her refusal to speak left the detective with no choice but to book her....”

What a crock.

Cha-Ching!


29 posted on 12/05/2019 2:42:55 PM PST by Vendome (I've Gotta Be Me https://www.youtube.com/watch?v=BB0ndRzaz2o)
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To: 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.

That's about it. When they finally caught one of the murderers, he told police they had the wrong girl.

30 posted on 12/05/2019 2:43:19 PM PST by CedarDave (Public schools are better named "propaganda indoctrination centers." Educate your children at home.)
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To: CedarDave

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.


31 posted on 12/05/2019 2:43:35 PM PST by eyeamok
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To: null and void

Ping


32 posted on 12/05/2019 2:44:30 PM PST by TADSLOS (You know why you can enjoy a day at the Zoo? Because walls work.)
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To: CedarDave

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.


33 posted on 12/05/2019 2:45:41 PM PST by Brian Griffin
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To: Fido969
"Stan do you know what were being arrested for?" "Yeah, you're being arrested for shoplifting a can of tuna and I'm being arrested for accessory to shoplifting..."
34 posted on 12/05/2019 2:46:46 PM PST by shotgun
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To: CedarDave
I remember a novel starting similarly to this:

Someone must have been telling lies about Josef K., he knew he had done nothing wrong but, one morning, he was arrested.

35 posted on 12/05/2019 2:48:11 PM PST by KarlInOhio (Who's the leader of the club that feeds on dead babies? M-O-L... O-C-H... M-O-U-S-E.)
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To: Vendome

“...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?


36 posted on 12/05/2019 2:49:08 PM PST by Brian Griffin
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To: CedarDave

Seems like the lawyer could have filed a writ of habeas corpus at least.


37 posted on 12/05/2019 2:51:01 PM PST by Boogieman
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To: CedarDave

“In all criminal prosecutions, the accused shall enjoy the right...to be informed of the nature and cause of the accusation”

Amendment VI


38 posted on 12/05/2019 2:51:24 PM PST by Brian Griffin
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To: CedarDave

well that girl just won the lottery by way of lawsuit


39 posted on 12/05/2019 2:51:49 PM PST by Morgana ( Always a bit of truth in dark humor.)
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To: Red Badger

“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.


40 posted on 12/05/2019 3:27:33 PM PST by BobL (I drive a pickup truck to work because it makes me feel like a man.)
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