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 ...
Awesome to have your college fund fully funded before graduation.
No recourse? LOL, you are looking at a settlement north of 500,000 if it’s a buck.
Happened in Central Texas last year when a man was accused of sexual assault and it took a month for the defense attorney to get the details of the case because they had been "sealed". Imagine being in jail a month and you can't even get anyone to tell you why you're in jail.
An ex-girlfriend who lived an hour away claimed this guy had attacked her and cut herself up to make it look more convincing. The defense attorney got the date and time of the alleged attack from the cops and the guy told his mother. The mother remembered that day was her birthday and they had all gone to the movies together.
She had uploaded a selfie of the group (including her son) at the movie theatre and the time stamp happened to be the same time he supposedly attacked the woman an hour away. The guy had to be let go and the sheriffs had a lot of egg to wipe off their faces.
Innocence by Facebook photo.
“Sure, but she’d lose. No deliberate misconduct.”
That isn’t the standard. Malfeasance is nice, but misfeasance is just as actionable. It doesn’t take deliberate, careless is just as worthy for a lawsuit. And also, I see you haven’t spent much time in Albuquerque.
Oh, that’s under the old US Constitution. They have moved onto Constitution 2.0
Supposedly in New Mexico there has to be a hearing within 5 days. In the article I read New Mexico is one of the states with a better system for pretrial detention because they have to have a hearing so quickly- as opposed to others who don’t have such safeguards.
This one settled, no trial ...
Another one ...
https://www.miamiherald.com/news/nation-world/national/article212859919.html
https://www.krqe.com/news/investigations/settlements-reached-in-mistaken-identity-lawsuit/
And after a lengthy wait yet again, the City of Hobbs won a motion to dismiss the lawsuit, arguing the Arizona warrant on its face appeared valid.
Correctamundo on time spent an Albq. Been there, that’s about it.
Do you honestly think he didn’t try something like that?
All the school employee has to say is, “They all look alike, to me.”......................
17-year-old Giselle Estrada, the innocent girl went to ABQ High school. The REAL CRIMINAL went to Chavez.....................
“Now, question is, is she legal”?
Really? Do you live in New Mexico? Do you know anything about the history of the state or it’s people?
Estrada is a very common name in New Mexico, it’s also a name common to many of the original Spanish families that settled New Mexico beginning in 1598. That girl’s family has likely been here a lot longer than your family has.
I figured there are lots of legal folks in NM with that name. I just asked the question, because there are also lots of illegals in NM. Is it not a fair question to ask, or was I supposed to be sympathetic to her 5 days in jail? Maybe that’s why she would not speak to the police in the first place?
It’s in your best interest not to talk to the police, it’s also your God given right. And the fact that you’re not sympathetic to an innocent person who spent 5 days in jail says a lot about your character. $50 says you are one of those boot lickers who have a Gadsden Flag sticker right next to a Thin Blue Line sticker on your vehicle.
I did say PS - Never talk with with police without a lawyer.
but seriously, she was in jail 5 days for 'murder' and did not contact family during her phone time? Not judging her one way or the other, but something has been held back on this story.
Reading tis article I am reminded of the proverb “Legal advice is only worth what you paid for it”. In this case it seems that a public defender isn’t even worth that.
At least the girl was smart enough to keep her mouth shut. This sounds like a case where the police would have railroaded her if she said anything and have the nerve to blame her for not saying anything.
The public defender was the one who told her to keep her mouth shut.
The cops were the ones who sealed the case file and the judge sided with them. As someone above said, her college costs have already been paid for.
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