NEW YORK (AP) – The case of the disappearance of 6-year-old Etan Patz, who went missing in 1979, will head to trial for a third time, the Associated Press reports.
NY prosecutors will retry man
What we know:
New York prosecutors have vowed to retry the man whose murder conviction regarding the case was recently overturned.
These prosecutors will need to bring back witnesses, elicit memories and try to persuade another jury that Pedro Hernandez lured and killed the boy as he walked to his New York City school bus stop.
“After thorough review, the district attorney has determined that the available, admissible evidence supports prosecuting” Hernandez on murder and kidnapping charges,” Manhattan Assistant District Attorney Sarah Marquez wrote, adding that prosecutors “are prepared to proceed.”
“We are deeply disappointed in this decision as we remain convinced that Mr. Hernandez is an innocent man. But we will be prepared for trial and will present an even stronger defense,” Hernandez’s defense lawyers said in a statement.
Under federal court rulings, jury selection for Hernandez’s retrial must begin by June 1, or he must be released from prison.
The backstory:
The 6-year-old was one of the first children whose disappearance was publicized in what became a high-profile way: on milk cartons. His case also ushered in an age of parental anxiety.
After a decades-long investigation, a former New York City convenience store clerk, Pedro Hernandez, was arrested in 2012. He was convicted of murder and kidnapping in 2017 and sentenced to 25 years to life in prison.
But on Monday, a federal appeals court overturned the verdict and ordered a new trial for Hernandez, now 64. Here’s what to know about Etan’s disappearance and the prosecution:
What happened to Etan Patz?
Timeline:
Etan disappeared while walking to his Manhattan school bus stop alone for the first time on May 25, 1979, igniting an exhaustive search and helping to make missing children a national cause in the United States.
The anniversary of his disappearance became National Missing Children’s Day. His parents helped press for new laws that established a national hotline and made it easier for law enforcement agencies to share information about missing children.
The movement grew after the 1981 kidnapping and killing of 6-year-old Adam Walsh in Florida. Frightened parents soon stopped letting children walk alone to school and play unsupervised in their neighborhoods.
Etan’s body has never been found, but his family had him legally declared dead in 2001. The investigation spanned decades and even reached Israel.
Who is Pedro Hernandez?
Hernandez worked at a convenience store in Etan’s neighborhood, and police noted meeting him among many people they encountered while searching. But he wasn’t a suspect until 2012, when police got a tip that Hernandez, then living in New Jersey, had once spoken to a relative about killing a boy in New York City.
There was no physical evidence against Hernandez, but police said that during a seven-hour interrogation he confessed to attacking Etan.
In recorded statements, Hernandez tranquilly recounted offering soda to entice Etan into the basement of the convenience store where Hernandez was then a teenage stock clerk. Hernandez said he choked Etan, put the still-alive boy into a plastic bag and a box and left the box in an alley.
Hernandez’s lawyers said the admissions were the false imaginings of a man with mental illness and a very low IQ.
The defense also urged jurors to consider another longtime suspect who dated a woman who sometimes walked Etan home from school. That man was later convicted of molesting boys in Pennsylvania. He told federal authorities about interacting with a child he was all but sure was Etan on the day the boy vanished. But he was never criminally charged.
Prosecutors maintained that Hernandez’s confessions were credible and suggested he faked or exaggerated symptoms of mental illness.
Appeals court ruling
What we know:
In its ruling, a federal appeals court overturned Hernandez’s conviction because of the original judge’s response to a jury note during a 2017 trial.
The appeal revolved around the police interrogation that Hernandez underwent in 2012. Police said he initially confessed before they read him his rights. Hernandez was then given a legally required warning that his statements could be used against him in court, then repeated his admission on tape at least twice.
At the trial, the jury sent a note to the judge asking whether it should disregard the two recorded confessions if it concluded that the first one — given before the Miranda warning — was invalid. The judge answered “no.” The appeals court ruled that the jury should have gotten a more thorough explanation of its options, which could have included disregarding all of the confessions.
The court ordered Hernandez to be released unless he received a new trial within “a reasonable period.” The 2017 trial had been Hernandez’s second; his first ended in a deadlocked jury in 2015.
The Source: This article includes reporting from the Associated Press.
Missing Persons
