Prosecutors may appeal to US Supreme Court on 1979 missing child Etan Patz case
Share this @internewscast.com

Prosecutors in New York have announced the possibility of appealing to the U.S. Supreme Court to reinstate a murder conviction linked to the 1979 disappearance of 6-year-old Etan Patz. This perplexing case remained unsolved with no arrests for decades.

The conviction of Pedro Hernandez, a former store clerk identified as a suspect over 30 years following the disappearance of the young New York City student, has been overturned by a federal appeals court. The court has ordered his release unless he is retried “within a reasonable period.”

Prosecutors asked the appeals court Friday to hold off sending the case back to a lower-level federal judge to set a retrial date.

The Manhattan District Attorney’s Office noted that the kidnapping and murder of Etan Patz stands as one of the most notorious crimes in recent U.S. history, and the recent court decision disrupts a conviction that had been validated nearly a decade ago.

The prosecutors highlighted the presence of “substantial legal questions” and indicated they are considering submitting a petition to the Supreme Court in the coming fall.

Hernandez’s lawyers said they would oppose prosecutors’ request to put the case on hold while they contemplate an appeal.

One of Hernandez’s defense attorneys, Edward Diskant, expressed skepticism, stating there’s no valid ground “to ask the Supreme Court to revisit –- let alone reverse” the appellate court’s decision.

Hernandez already has been tried twice — his 2017 conviction came after a prior jury couldn’t reach a verdict.

Now 64, he has been serving a sentence of 25 years to life in prison.

Etan vanished while making the short journey to his school bus stop. He became one of the initial missing children to have his image featured on milk cartons, and the distress of his parents contributed to significant changes in how missing-child cases were handled by U.S. law enforcement. Etan’s case, among others, eventually led to parents becoming increasingly cautious about their children’s safety.

No trace of Etan was ever found. After many years, his parents eventually had him declared legally dead.

Investigators scoured the city, and even overseas, for leads. But no arrests were made until 2012, when police got a tip that Hernandez — who worked in Etan’s neighborhood when the boy was last seen — had made remarks in the ensuing years about having harmed or killed a child in New York.

Hernandez then told police that he had offered Etan a soda to lure him into the basement of the shop where Hernandez worked. The suspect said he then choked the boy and put him, still alive, in a box and left it with curbside trash.

Hernandez’s lawyers say he confessed falsely because of a mental illness that sometimes made him hallucinate. The attorneys emphasized that the admission came after police questioned him for seven hours without reading him his rights or recording the interview. Hernandez then repeated his confession on tape, at least twice.

The trials happened in a New York state court, but the Hernandez appeal eventually wound up in federal court.

“The high cost of federally invalidating a state-court conviction is especially pronounced in this case,” prosecutors wrote.

At issue was the state trial judge’s response to jurors’ questions about whether they had to disregard the recorded confessions if they found the first, unrecorded one was invalid.

The judge said no. The appeals court said the jury should have gotten a more thorough explanation of its options, which could have included disregarding all of the confessions.

Prosecutors argue that the confessions were freely given, and that the appeals court inappropriately applied a federal legal rule when assessing the state court’s handling of the jury note.

Share this @internewscast.com
You May Also Like
House Ethics quietly probed NC Dem Alma Adams, 79, for alleged 'inappropriate relationship' with staffer

House Ethics Investigation Targets NC Democrat Alma Adams Over Alleged Staffer Misconduct

A Democratic member of Congress faced a discreet investigation by the House…
Distinguished ex-cop arrested for 'mass shooting' plot to gun down black people at New Orleans festival

Former High-Ranking Officer Detained in Alleged Plot Targeting New Orleans Festival Attendees

A former police officer from North Carolina, once recognized as “Officer of…
Chicago crime: Police release video of suspects in deadly Little Village shooting at 26th Street, St. Louis Avenue

Chicago Police Share Video of Suspects in Fatal Little Village Shooting on 26th & St. Louis

In a bid to advance their investigation into a tragic shooting, the…
Denmark train collision injures 18 people

Train Accident in Denmark Leaves 18 Injured

COPENHAGEN — A head-on collision involving two local trains occurred north of…
Prosecutors seek 30-year prison term for South Korea's Yoon for drone flights over Pyongyang

Prosecutors Request 30-Year Sentence for South Korea’s Yoon Over Drone Operations in Pyongyang

On Friday, South Korean prosecutors called for a 30-year prison sentence for…
Benjamin Netanyahu reveals he was treated for early-stage prostate cancer

Breaking: Benjamin Netanyahu Opens Up About Early-Stage Prostate Cancer Diagnosis – What It Means for His Leadership

Israeli Prime Minister Benjamin Netanyahu recently disclosed that he had received treatment…
Biological male killer housed in Oregon women's prison wins high-dollar legal settlement in sex abuse suit

Transgender Inmate Secures Significant Legal Settlement in Oregon Women’s Prison Abuse Case

A convicted murderer who transitioned from male to female while incarcerated has…
US military seizes sanctioned tanker transporting Iranian oil

US Military Confiscates Sanctioned Tanker Carrying Iranian Oil

The U.S. military has successfully intercepted a tanker under the Guyanese flag,…
Activists erupt as rescued ducks are sold off like cheap chicken

Activists Rally Against Sale of Rescued Ducks, Equating Treatment to Low-Grade Poultry

A mass surrender of ducks in Southern California has sparked controversy after…
Downers Grove mother says son, student at Miami University, had over $4K frozen in Chase account for nearly 1 year

Chase Bank Freeze: Downers Grove Mom’s Battle to Recover Son’s $4K at Miami University

A troubling scenario has unfolded in Downers Grove, Illinois, where a local…
Hugh Jackman takes on new role for innovative charity

Hugh Jackman Joins Groundbreaking Charity Initiative in Exciting New Role

Hugh Jackman, renowned for his leading roles in blockbuster films such as…
Iran reportedly drops more mines in Strait of Hormuz — as US moves more minesweepers into the region

Tensions Rise as Iran Allegedly Deploys Additional Mines in Strait of Hormuz; US Responds with Increased Minesweeper Presence

The United States is intensifying its minesweeping activities in the Strait of…