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Prosecutors Set to Walk Through Details of Etan Patz Case Once Again Prosecutors Set to Walk Through Details of Etan Patz Case Once Again
(about 4 hours later)
The story of his disappearance was etched into the memories of many New Yorkers: Etan Patz, the 6-year-old boy who vanished when he walked alone for the first time to his school bus stop in Manhattan. His picture, with his sandy-brown hair and sweet smile, was splashed across televisions and newspapers, and was the first of a missing child to be printed on a milk carton.The story of his disappearance was etched into the memories of many New Yorkers: Etan Patz, the 6-year-old boy who vanished when he walked alone for the first time to his school bus stop in Manhattan. His picture, with his sandy-brown hair and sweet smile, was splashed across televisions and newspapers, and was the first of a missing child to be printed on a milk carton.
The long unsolved case, which had a profound impact on how parents watched over their children, has been relived again and again through vigils and a proclamation by President Ronald Reagan that designated May 25 — the date Etan disappeared in 1979 — as National Missing Children’s Day. There were also investigations into possible suspects, and most recently, a criminal trial that brought a fresh wave of attention and introduced Etan to a new generation in the city.The long unsolved case, which had a profound impact on how parents watched over their children, has been relived again and again through vigils and a proclamation by President Ronald Reagan that designated May 25 — the date Etan disappeared in 1979 — as National Missing Children’s Day. There were also investigations into possible suspects, and most recently, a criminal trial that brought a fresh wave of attention and introduced Etan to a new generation in the city.
On Wednesday, in State Supreme Court in Manhattan, the prosecution will begin walking through the details of the case once again. In their telling, Etan was taken by Pedro Hernandez, who was an 18-year-old stock clerk at a bodega along the boy’s path in SoHo. Prosecutors said he strangled Etan and dumped his body nearby.On Wednesday, in State Supreme Court in Manhattan, the prosecution will begin walking through the details of the case once again. In their telling, Etan was taken by Pedro Hernandez, who was an 18-year-old stock clerk at a bodega along the boy’s path in SoHo. Prosecutors said he strangled Etan and dumped his body nearby.
Prosecutors initially laid out their case against Mr. Hernandez, now 55, in a trial that ended last year with a deadlocked jury. Lacking scientific evidence from an autopsy or a crime scene, prosecutors relied on statements made by Mr. Hernandez to investigators and others admitting his involvement.Prosecutors initially laid out their case against Mr. Hernandez, now 55, in a trial that ended last year with a deadlocked jury. Lacking scientific evidence from an autopsy or a crime scene, prosecutors relied on statements made by Mr. Hernandez to investigators and others admitting his involvement.
But his lawyers sought to undermine the confessions, saying Mr. Hernandez has limited intelligence and crumbled under the pressure of investigators. They noted the possibility that another man, a convicted child molester, was the killer. The defense raised enough doubt that one juror held out against convicting Mr. Hernandez.But his lawyers sought to undermine the confessions, saying Mr. Hernandez has limited intelligence and crumbled under the pressure of investigators. They noted the possibility that another man, a convicted child molester, was the killer. The defense raised enough doubt that one juror held out against convicting Mr. Hernandez.
In the retrial, it is unclear how both sides will adjust their arguments based on the lessons learned from the first trial, which included 10 weeks of testimony.In the retrial, it is unclear how both sides will adjust their arguments based on the lessons learned from the first trial, which included 10 weeks of testimony.
“When you retry a case, the game shifts and becomes more like chess than poker,” Robert Blecker, a professor at New York Law School, said. “The evidence has been revealed to both sides, so the game becomes more open, a contest of more perfect information and inferences drawn from it, with fewer surprises.”“When you retry a case, the game shifts and becomes more like chess than poker,” Robert Blecker, a professor at New York Law School, said. “The evidence has been revealed to both sides, so the game becomes more open, a contest of more perfect information and inferences drawn from it, with fewer surprises.”
The jury selection process for the retrial started in September and both sides sifted through a pool of several hundred people. Prospective jurors were asked about their history with mental health issues and the criminal justice system, and whether they believed a person could confess to a crime he did not commit or if they could convict someone of murder though a body had never been found. The jury selection process for the retrial started in September; both sides sifted through a pool of several hundred people. Prospective jurors were asked about their history with mental health issues and the criminal justice system, and whether they believed a person could confess to a crime he did not commit or if they could convict someone of murder though a body had never been found.
Joel J. Seidemann, a prosecutor, asked if the time that had passed since Etan’s disappearance meant that it should not be prosecuted. “The case is so old,” he said, “so why don’t you let it go?” (None of the prospective jurors agreed.)Joel J. Seidemann, a prosecutor, asked if the time that had passed since Etan’s disappearance meant that it should not be prosecuted. “The case is so old,” he said, “so why don’t you let it go?” (None of the prospective jurors agreed.)
Mr. Hernandez, who had also worked in a factory and lived in New Jersey, was arrested in 2012 and charged with kidnapping and murdering Etan after his brother-in-law came forward, telling investigators that Mr. Hernandez told a prayer group decades ago about killing a child in New York City.Mr. Hernandez, who had also worked in a factory and lived in New Jersey, was arrested in 2012 and charged with kidnapping and murdering Etan after his brother-in-law came forward, telling investigators that Mr. Hernandez told a prayer group decades ago about killing a child in New York City.
In an eight-hour interrogation with detectives, Mr. Hernandez first said that he had no part in Etan’s disappearance; shown a poster with Etan’s picture, he said he had never seen the boy before. But hours later, Mr. Hernandez relented. “I’m sorry, it shouldn’t have happened,” he told investigators, according to the testimony of one of the detectives in the first trial. “I did it.”In an eight-hour interrogation with detectives, Mr. Hernandez first said that he had no part in Etan’s disappearance; shown a poster with Etan’s picture, he said he had never seen the boy before. But hours later, Mr. Hernandez relented. “I’m sorry, it shouldn’t have happened,” he told investigators, according to the testimony of one of the detectives in the first trial. “I did it.”
During the jury selection process, prosecutors acknowledged the lack of scientific evidence that could confirm Mr. Hernandez’s account.During the jury selection process, prosecutors acknowledged the lack of scientific evidence that could confirm Mr. Hernandez’s account.
“There will be no eyewitnesses,” said Mr. Seidemann, a veteran of the Manhattan district attorney’s office, who joins Joan Illuzzi, the lead prosecutor in the first trial. “This was 1979. There is no video. There’s no DNA.”“There will be no eyewitnesses,” said Mr. Seidemann, a veteran of the Manhattan district attorney’s office, who joins Joan Illuzzi, the lead prosecutor in the first trial. “This was 1979. There is no video. There’s no DNA.”
Prosecutors are expected to introduce more expert witnesses and records that could show that the accounts of Mr. Hernandez’s incompetence are exaggerated and that he was not delusional. They will also most likely reassert their argument that Mr. Hernandez had the wherewithal to hold jobs and negotiate a divorce. In her closing statements in the first trial, Ms. Illuzzi said that Mr. Hernandez had repeatedly acknowledged his involvement over the years, to family, investigators, a prosecutor and psychological experts, and that he never retracted the statements.Prosecutors are expected to introduce more expert witnesses and records that could show that the accounts of Mr. Hernandez’s incompetence are exaggerated and that he was not delusional. They will also most likely reassert their argument that Mr. Hernandez had the wherewithal to hold jobs and negotiate a divorce. In her closing statements in the first trial, Ms. Illuzzi said that Mr. Hernandez had repeatedly acknowledged his involvement over the years, to family, investigators, a prosecutor and psychological experts, and that he never retracted the statements.
But Harvey Fishbein, who is leading Mr. Hernandez’s defense, said that his client had a low I.Q. and a personality disorder that made it difficult for him to distinguish between fantasy and reality and could cause hallucinations. Mr. Hernandez, he argued, had concocted a fiction in which he had committed the crime.But Harvey Fishbein, who is leading Mr. Hernandez’s defense, said that his client had a low I.Q. and a personality disorder that made it difficult for him to distinguish between fantasy and reality and could cause hallucinations. Mr. Hernandez, he argued, had concocted a fiction in which he had committed the crime.
“He’s the only witness against himself,” Mr. Fishbein said before the first trial, “and he’s not reliable.”“He’s the only witness against himself,” Mr. Fishbein said before the first trial, “and he’s not reliable.”
Mr. Fishbein pursued a change of venue for the retrial, arguing that the attention paid to Etan’s case made it difficult for Mr. Hernandez to have a fair trial. But a judge denied the request.Mr. Fishbein pursued a change of venue for the retrial, arguing that the attention paid to Etan’s case made it difficult for Mr. Hernandez to have a fair trial. But a judge denied the request.
Another factor raised by the defense was Jose A. Ramos, a convicted pedophile who, Mr. Hernandez’s lawyers argued, could have been involved. Mr. Ramos had a relationship with a woman who had been hired by Etan’s parents to walk him to school, and he had told federal investigators and a jailhouse informer that he had been with Etan the morning he disappeared.Another factor raised by the defense was Jose A. Ramos, a convicted pedophile who, Mr. Hernandez’s lawyers argued, could have been involved. Mr. Ramos had a relationship with a woman who had been hired by Etan’s parents to walk him to school, and he had told federal investigators and a jailhouse informer that he had been with Etan the morning he disappeared.
Mr. Ramos, who lived about a mile away from the Patz family in 1979, had been considered a suspect before, but there was scant evidence for him to be criminally charged. Still, in 2004, a judge ruled in a wrongful-death lawsuit that he was responsible for Etan’s disappearance. And for years, the child’s father, Stan Patz, believed that as well. On Etan’s birthday, Oct. 9, and the anniversary of his disappearance, he would send Mr. Ramos a copy of his son’s missing poster, writing on the back, “What did you do to my little boy?”Mr. Ramos, who lived about a mile away from the Patz family in 1979, had been considered a suspect before, but there was scant evidence for him to be criminally charged. Still, in 2004, a judge ruled in a wrongful-death lawsuit that he was responsible for Etan’s disappearance. And for years, the child’s father, Stan Patz, believed that as well. On Etan’s birthday, Oct. 9, and the anniversary of his disappearance, he would send Mr. Ramos a copy of his son’s missing poster, writing on the back, “What did you do to my little boy?”
But after the first trial, Mr. Patz said he had been persuaded by the prosecution’s case: Mr. Hernandez, he now believed, killed his son.But after the first trial, Mr. Patz said he had been persuaded by the prosecution’s case: Mr. Hernandez, he now believed, killed his son.