Manhattan DA to retry Pedro Hernandez; Dec. 1 hearing set after appeals court reversal
Manhattan prosecutors said they will retry Pedro Hernandez on charges of second-degree murder and first-degree kidnapping after the Second Circuit in July overturned his 2017 conviction, citing prejudicial jury-instruction handling of confessions. A court hearing is set for Dec. 1, following an October order from Judge Colleen McMahon that Hernandez be given a third trial by June 1 or be released; defense attorneys Harvey Fishbein and Alice Fontier say they remain convinced of his innocence and will mount a stronger defense.
đ Key Facts
- The Second Circuit overturned Pedro Hernandez's 2017 conviction in July, citing prejudicial handling of jury instructions about confessions.
- The overturned conviction was in the 1979 kidnapping and killing case for which Hernandez had been convicted in 2017.
- Judge Colleen McMahon ordered in October that Hernandez must receive a third trial by June 1 or be released.
- A court hearing in the case is scheduled for Dec. 1.
- Manhattan prosecutors say they will retry Hernandez â Assistant DA Sarah Marquez said the People will prosecute Murder 2 and Kidnapping 1 and are "prepared to proceed."
- Defense attorneys Harvey Fishbein and Alice Fontier said they remain convinced Hernandez is innocent and will present a stronger defense.
đ Relevant Data
Jose Antonio Ramos, a convicted child molester, was considered the prime suspect in the disappearance of Etan Patz for many years, and in 1990, a civil court found him liable for Patz's death.
Disappearance of Etan Patz â Wikipedia
There is no physical evidence linking Pedro Hernandez to the disappearance of Etan Patz, with the case relying entirely on his confessions.
Prosecutors will retry Pedro Hernandez in death of Etan Patz, whose disappearance gripped the nation â CNN
69% of persons exonerated by DNA who had mental disabilities were wrongfully convicted because of false confessions.
Convictions of Innocent People with Intellectual Disability â Cornell Law Scholarship
Individuals with intellectual disabilities may give false confessions due to high levels of suggestibility, eagerness to please authority figures, and limited understanding of the long-term consequences of confessing.
Interrogated with Intellectual Disabilities: The Risk of False Confession â Stanford Law School
No significant differences in wrongful conviction rates were found between Hispanic and White individuals.
Reconsidering racial and ethnic bias in wrongful convictions â Springer Link
đ° Sources (2)
- Assistant DA Sarah Marquez said the People will prosecute Hernandez for Murder 2 and Kidnapping 1 and are 'prepared to proceed.'
- A court hearing is scheduled for Dec. 1.
- The Second Circuit overturned the 2017 conviction in July, citing prejudicial jury-instruction handling regarding confessions.
- Judge Colleen McMahon ordered in October that Hernandez must receive a third trial by June 1 or be released.
- Defense attorneys Harvey Fishbein and Alice Fontier said they remain convinced Hernandez is innocent and will present a stronger defense.