A New York appeals court on Monday overturned the conviction of a man jailed for killing a 6-year-old boy in 1979.
The court has determined that Pedro Hernandez, aged 64, should either go through a new trial or be set free. The New York Times reported that Hernandez was convicted of murdering Etan Patz, an admission he made after luring the boy away from a New York City school bus stop and into a basement.
Hernandez was initially detained in 2012 on charges of second-degree murder and first-degree kidnapping related to Patz. His first trial in 2015 resulted in a jury deadlock. However, in 2017, after nine days of jury deliberation, he was found guilty of both charges.
The appeals court concluded that during Hernandez’s second trial, the court’s reaction to a note from the jury was “clearly in error” and “manifestly prejudicial.”
“When deliberating during his second trial, the jury sent the judge three different notes about Hernandez’s confessions,” Monday’s order detailed. “The third note asked the trial court to ‘explain’ whether, if the jury found that Hernandez’s un-Mirandized confession ‘was not voluntary,’ it ‘must disregard’ the later confessions, including the videotaped confessions at the local Camden County Prosecutor’s Office (‘CCPO’) and the Manhattan District Attorney’s (‘DA’s’) Office.”
The appeals court wrote that the trial court responded “no” without explanation. The jury convicted Hernandez seven days later.
The appeals court concluded that the ordeal “unquestionably” impacted juror deliberations.
“Under the extraordinary circumstances of this case, we believe that no fair-minded jurist would conclude that the state has proved harmlessness beyond a reasonable doubt,” they wrote.
The New York Post reported Hernandez, a bodega clerk, confessed to strangling Patz after luring him with the promise of soda. Despite this, Patz’s body was never found — and no forensic evidence ever linked Hernandez to the crime, according to The New York Times.
Hernandez was 18 when Patz vanished. Hernandez’s attorneys claimed he was mentally ill and that he only issued a confession after seven hours of police questioning.
Patz was declared legally dead in 2001. NBC reported that police zeroed in on Hernandez in 2012 following a tip from his brother-in-law.
In a statement to NBC, the Manhattan District Attorney’s Office said they are reviewing Monday’s ruling. Patz’s family has not yet issued a public statement.
[Feature Photo: California Department of Justice]
