Topic: Radke Civil Suit
started by: Spidey
Posted by Spidey on Mar. 23 2004,7:56 pm
Family looses appeal against son’s murderer Publishing date: 03-23-2004 7:03 PM
(KAAL) -- The family of a southern Minnesota boy murdered nearly three years ago has lost their appeal of a civil lawsuit.
Paul Gutierrez was convicted in the April 2001 sexual assault and murder of 18-month-old Makaio Lynn Radke.
Later that year, Radke's father filed a civil lawsuit against Freeborn County and two child protection workers for negligence, but the district court dismissed the lawsuit.
Today, the Minnesota court of appeals dismissed the family's appeal of the district court ruling.
Gutierrez is serving a life prison sentence for Makaio Radke's death.
Anyone have any thoughts on this one?
Posted by MrTarzan on Mar. 23 2004,10:32 pm
Knowing the family, I think the decision is correct. There was way more to this story in my opinion. Just an opinion. I stay out of murder cases. Civil suits, I will voice my opinion. Why would the County be at fault? I would be the first one to say "Sue them" if I thought it was even partly the counties fault. The whole thing was sad, and I just hope justice was done.
Posted by minnow on Mar. 24 2004,12:54 am
There is something deeper here that I wish they'd explore. That is, why do many young males feel compelled to kill their lovers baby (by another male). It's reminiscent of the animal kingdom, like when male cats kill baby cats or something.It seems to be an occurrence that happens relatively often. It's like a young male developes intense feelings of love and lust for the young female. When that happens the site of a baby laying there is like a reminder she had sex with someone else or something like that...and he loses control.
We need to look into this...it's probably something quite ancient in our psyche.
Posted by GEOKARJO on Mar. 24 2004,2:27 pm
Wow Minnow that was really deep I am surpised you could actually get a normal reponse from me insted of sarcasim. Just a thought how can we tell this animal instinct will surface, what are the tell tell signs to watch for in young men and women. I think human services should look at the histroy of this case again and learn from it.Due to human nature they will be more apt to file it away and forget it till the next looney hurts some innocent child.
I think Human services should do something in the childs memory and have a program to name after the child that will allow the dept. to step into these situations must faster removing children from this danger.
Posted by Tassie on Mar. 24 2004,4:21 pm
Do you think that leaving kids in this type of home is the problem here? I am of the old school, all children need to be protected. We seem to worry too much about leaving the kids with the parents no matter what is going on.Is it time to bring back orphanages, I don't know? Seems as if these children might be better off being available for adoption than left in some of these homes.
Any thought out there about this??? I do know some older people who were adopted in this fashion and have become very good citizens because of it.
Posted by minnow on Mar. 24 2004,4:45 pm
I wish to have no part in taking kids away from biological parents. Period.
Posted by Tassie on Mar. 24 2004,4:50 pm
So Minnow, do like the outcome of the Radke case?
Posted by minnow on Mar. 24 2004,5:03 pm
What do you mean do I like it? Like what..the civil suit outcome or the criminal case...It's not social workers fault. It's the murderers fault because he did it. Could the social workers predict the future? Probably not, no one can. How were they to know he would snap? Your upset and angry and just want to punish people.
The person you should be directing those feelings toward is the killer....because he's the one that did it. See how easy that is..blame the perp, a novel concept eh?
Posted by GEOKARJO on Mar. 24 2004,5:20 pm
Minnow lost all train of thought on this issue and got high.
Posted by Tassie on Mar. 24 2004,5:22 pm
I didn't say the perp wasn't guilty. What I was trying to say is that since social services were already involved they should have been a little more aware of the situation. Minnow you need to realize that in our imperfect world some people can't handle having kids. Do we leave them in the home for some predator to abuse?? I don't think so!
Posted by MrTarzan on Mar. 24 2004,5:57 pm
It is easy to say what should have been done, and what should not be done. If we spent as much on social workers as we did on police, maybe they could have done something. We only have a limited number of people working in that department, and the case load is huge. It is a wonder more does not happen to children more often. 
Posted by Tassie on Mar. 24 2004,6:23 pm
I agree, we as a society aren' ready to increase our taxes anymore. We still keep demanding more out of our own government agencies. I really don't know what the answer is but it is obvious we can't continue on as if nothing is wrong. If we do these cases of child abuse will continue to make headlines. I can't accept the fact that we have done all we could.I am still just sick over the fact this could happen in our area!! Social services must bear some of the responsibility...they were involved and somehow didn't act!!!!!!!!!!!
Posted by rosebudinal on Mar. 24 2004,7:46 pm
Wow! Minnow I gotta admit you may have something there with the male species.... as far as the Radke case, isn't it true that there were social workers there less than 24 hours before the babies death? My heart goes out to the father of the child.
Posted by collector on Mar. 27 2004,9:23 am
I agree with Minnow. You can't civilly sue the county everytime someone is injured or killed. The social workers can only do so much. The guy that killed the baby is at fault.
Posted by irisheyes on Mar. 27 2004,7:35 pm
I think everyone is making this more complicated then it really is. This is a civil suit, its about money, nothing more, nothing less. About trying to convert pain and suffering into money. I can't imagine how difficult this has been for the family, and I'm sure they've needed a lot of moral support to get them through this, and will continue to for years to come. But unless a civil suit is for reimbursement of money lost due to medical care, loss of income, or other reimbursement, its just a way to try and get rich quick. It may sound harsh, but I think its true.
Posted by Spidey on Mar. 27 2004,11:41 pm
I am really sorry that I started this topic. I guess I was just trying to find out what the mindset was in the community, and now that I know I wish I hadn’t. A civil suit is much more then just money … but I’m not going to respond to that. In fact I’m not going to respond to this topic after this. Sorry for bringing it up.