Jury: APD Didn't Violate Girl's Rights Permalink comment E-mail
By Scott Sandlin   
Wednesday, 30 July 2008 10:28
A federal jury handed a resounding victory to Albuquerque Police officers this afternoon, finding they did not violate the constitutional rights of 12-year-old murder defendant Jade Gonzales.

Jade never denied shooting her father Samuel in 1999, but said it had been accidental.

Police obtained a warrant ordering them to transport Gonzales  “forthwith” to the juvenile detention center, but they began intense -- her attorneys said abusive -- questioning that continued in the valley substation parking lot.


Gonzales testified that her repeated requests for a bathroom were ignored to the point that she urinated in her pants. She was not read her Miranda rights, and her attorney Ed Chavez was never contacted despite her saying “Where’s Ed?” and  “I want him to be there.”

Kathryn Levy, the deputy city attorney defending the officers, said police had a duty to investigate Sam Gonzales’ death.

Levy said there was no harm in the failure to read Jade her Miranda rights  because any statement she gave police could not be used against her due to her age.

A trial judge dismissed the murder charge because of the way the questioning was conducted, only to be reversed. But higher courts  carved away some potential evidence, and  Jade Gonzales turned 21 without ever being tried in the court with jurisdiction over the case. The charges were dropped.

 
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