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 Estradas 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, Estradas defense attorney. Shes being accused of the most serious crime you can be accused of. She has no idea what theyre talking about, and shes about to be arrested and incarcerated for the first time in her life.
Acorn said the sealed complaint and a detectives 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 didnt 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 ...
In any event, I see a giant lawsuit against the school district and the police as a result of this false arrest.
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Can she sue?.....................
I think I see the problem...................
Just my speculation, but she might have $50,000 in legal debt with no recourse for recovery.
Yep. Lawsuit for sure. Poor kid.
But, it could happen to any of us - which is terrifying!
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.
She did the smart thing by keeping her mouth shut.
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.
“She did the smart thing by keeping her mouth shut.”
totally ... excellent representation by her attorney ...
“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.
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.
She did the smart thing by keeping her mouth shut.
Word 1:Lawyer
Word 2:
That's the Schiff-show standard. She was well-advised not to say anything.
Get your checkbooks out, folks.
Did you miss the part of the story where the lawyer says they dont even know what crime she was accused of it was a sealed indictment
Don’t arrested persons have to be brought before a judge fairly quickly?
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 youre innocent. You have the right, shut up and use it.
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.)
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