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
Spanish influencer dies on-air during livestreamed drug challenge

Tragic Loss: Spanish Influencer Passes Away During Live-Streamed Challenge

Authorities in Spain have launched an investigation following the death of a…
ICE launches 'largest immigration operation ever' in Minneapolis, acting director says

ICE Initiates Unprecedented Immigration Operation in Minneapolis, Reports Acting Director

On Tuesday, Acting Director of U.S. Immigration and Customs Enforcement (ICE), Todd…
Massive luxury handbag heist caught on camera as heavily armed police swarm California store

Sophisticated Luxury Handbag Heist Unfolds on Camera Amid Heavy Police Presence at California Store

California authorities announced on Tuesday the arrest of two individuals involved in…
Gretchen’s table: Papas con rajas tacos are a spicy, cheesy fiesta

Gretchen’s Table Introduces Spicy, Cheesy Delight with Papas con Rajas Tacos

By Gretchen McKay, Pittsburgh Post-Gazette The holiday season often turns into a…
SoCal Wildfires: How You Can help

Southern California Wildfires: Essential Ways to Support Relief Efforts and Aid Recovery

As we commemorate the one-year anniversary of the devastating Eaton and Palisades…
Christopher, Raquelle Judge: Texas influencer couple pleads guilty to nearly $5M swindle in home renovation scams

Texas Influencer Duo Christopher and Raquelle Judge Admit Guilt in $5 Million Home Renovation Fraud Scheme

An influencer couple from Texas has admitted to defrauding over 40 individuals…
California Republican Congressman Doug LaMalfa dies at 65 during emergency surgery

California Congressman Doug LaMalfa Passes Away at 65 After Emergency Surgery

Northern California mourns the loss of Congressman Doug LaMalfa, who has passed…
Florida boater accused of killing teen in crash avoids jail time with plea deal

Florida Boater Strikes Plea Deal, Escapes Jail in Teen Crash Case

A man has confessed to being involved in a tragic boating accident…
'I’m destroyed': Wife mourns husband killed after reportedly pulling gun on Jacksonville officers

Jacksonville Tragedy: Wife Grieves as Husband Fatally Shot After Allegedly Threatening Officers with Gun

A Jacksonville resident shared her grief with First Coast News following her…
Fight breaks out in line for Indiana Jones ride at Disneyland, police say

Chaos at Disneyland: Guests Clash in Line for Indiana Jones Adventure, Say Police

An incident unfolded at Disneyland last week when a man was injured…
FCSO: Putnam health aide arrested for stealing over $600 from a senior resident

Putnam Health Aide Arrested for Allegedly Stealing $600 from Elderly Resident: FCSO Reports

In a troubling incident that has raised concerns about trust and security…
911 call at Ohio dentist's home reported 'domestic dispute' months before he and wife found shot dead: records

Unveiling Tragedy: Ohio Dentist’s Home Was Scene of Domestic Dispute Before Fatal Shooting

EXCLUSIVE TO FOX: In a chilling development, records reveal that just months…