XPost: alt.missing-kids.want-ads, nyc.politics, alt.fan.rush-limbaugh
XPost: sac.politics, alt.society.liberalism

A New York federal appeals court Monday ruled that the former bodega stock clerk convicted in the 1979 kidnapping and murder of 6-year-old Etan Patz should receive a new trial or be released from custody.

Pedro Hernandez, 64, was convicted in 2017 of kidnapping and murdering
Patz after he confessed to luring the child into a basement as he walked
to his bus stop in SoHo. He was sentenced to 25 years to life in
connection with the case that rocked New York City. The child was among
the first to be placed on a milk carton to seek the public’s help in
finding him.

In a 51-page ruling on Monday by a three-judge panel, the 2nd U.S. Circuit Court of Appeals overturned the conviction, ordering that Hernandez should
be retried or released because of a flawed instruction by the New York
state judge presiding over his case in response to a jury note about his alleged confessions.

In their appeal, Hernandez's lawyers argued that the instructions were
improper and tainted the verdict. His lawyers have previously argued that Hernandez is mentally ill and confessed after hours of police
interrogation.

"We conclude that the state trial court contradicted clearly established federal law and that this error was not harmless," a three-judge appeals
panel held in its ruling Monday.

A spokesperson with the Manhattan district attorney’s office told NBC News
that "we are reviewing the decision." In a statement, Hernandez’s trial
and appellate legal team said that "for more than 13 years, Pedro
Hernandez has been in prison for a crime he did not commit and based on a conviction that the Second Circuit has now made clear was obtained in
clear violation of law."

"We are grateful the Court has now given Pedro a chance to get his life
back, and I call upon the Manhattan District Attorney’s Office to drop
these misguided charges and focus their efforts where they belong: on
finding those actually responsible for the disappearance of Etan Patz,"
the statement added.

Etan vanished on May 25, 1979, while walking to a bus stop two blocks from
his family's Manhattan home. His disappearance launched a massive search
in the SoHo neighborhood and spurred the national movement to put
photographs of missing kids on milk cartons.

The child was declared dead in 2001, but police continued their
investigation into him and his likely killer. In May 2012, authorities
tracked down Hernandez in Jersey on a tip from his brother-in-law,
according to the order.

Hernandez, who was 18 when Etan went missing, later confessed to luring
the boy into a bodega with the promise of a soda and grabbing him by the
neck and fatally choking him. The order says that Hernandez then said he
put the boy's body in a "garbage bag" before stuffing him into a box and leaving it in a trash area around the corner from the bodega.

He did not provide a motive at the time but denied it was sexual, the
order says.

"Hernandez, who has a documented history of mental illnesses and a low intelligence quotient ('IQ'), initially confessed after approximately
seven hours of unwarned questioning by three police officers," the ruling Monday says. "Immediately after Hernandez confessed, the police
administered Miranda warnings, began a video recording, and had Hernandez repeat his confession on tape. He did so again, several hours later, to an Assistant District Attorney ('ADA'). At trial, the prosecution discussed
and played these videos repeatedly."

The boy’s body was never found, and prosecutors were unable to find
anybody who saw Hernandez with him. Hernandez's first trial in 2015, where
he was charged with two counts of second-degree murder and one count of first-degree kidnapping, ended in a hung jury after 18 days of
deliberations.

The second trial began in September 2016, where prosecutors centered their
case on Hernandez's confession. The order Monday says that during closing arguments, the prosecution played clips from Hernandez's taped confessions
for the jury at least seven times.

"When deliberating during his second trial, the jury sent the judge three different notes about Hernandez’s confessions,” the appellant’s order
says. "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 order says that the court instructed the jury, without explaining,
that the "answer is no." When they finally reached a verdict, Hernandez
was convicted of felony murder and first-degree kidnapping in the after
nine days of deliberations. The jury, however, acquitted him of
intentional murder, the order says.

https://www.nbcnews.com/news/us-news/man-convicted-1979-kidnap-murder- etan-patz-must-new-trial-freed-appeal-rcna220068

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