Man gets 25 years in 1979 case of missing boy Etan Patz

http://abcnews.go.com/US/wireStory/man-sentenced-1979-etan-patz-missing-child-case-46854361

Almost four decades after first-grader Etan Patz set out for school and ended up at the heart of one of America's most influential missing-child cases, a former store clerk convicted of killing him was sentenced to at least 25 years in prison.

In a few angry words, Etan's father condemned the convicted man.

"Pedro Hernandez, after all these years, we finally know what dark secret you had locked in your heart," Stan Patz said. "I will never forgive you. The god you pray to will never forgive you. You are the monster in your nightmares."

His wife, Julie Patz, wiped tears from her eyes as she witnessed the culmination of a long quest to hold someone accountable for their son's disappearance. The case affected police practices, parenting and the nation's consciousness of missing children.

Hernandez, 56, didn't look at the Patzes, speak or react as he got the maximum allowable sentence: 25 years to life in prison, meaning he won't be eligible for parole until he has served the quarter-century.

The lead defense lawyer, Harvey Fishbein, told the court Hernandez wanted to express deep sympathy to the Patzes but also to say "he's an innocent man and he had nothing to do with the disappearance of Etan Patz."

Hernandez was a teenager working at a convenience shop in Etan's Manhattan neighborhood when the boy vanished in 1979, on the first day he was allowed to walk alone to his school bus stop.

Hernandez, who's from Maple Shade, New Jersey, confessed to choking Etan. But his lawyers have said he's mentally ill and his confession was false, and they vowed to appeal his conviction.

In a sign of the case's impact on the law enforcement officials and everyday people enmeshed in it, the courtroom audience Tuesday included Manhattan District Attorney Cyrus R. Vance Jr., police officers who worked the case and a half-dozen ex-jurors.

Etan was among the first missing children pictured on milkcartons. His case contributed to an era of fear among American families, making anxious parents more protective of kids who many once allowed to roam and play unsupervised in their neighborhoods.

"Through this painful and utterly horrific real-life story, we came to realize how easily our children could disappear," said Vance, a Democrat who made a 2009 campaign promise to revisit the case if elected.

The Patzes' advocacy helped to establish a national missing-children hotline and to make it easier for law enforcement agencies to share information about such cases. The May 25 anniversary of Etan's disappearance became National Missing Children's Day.

Still, Stan Patz said, he and his wife had doubted they would ever find out what happened to their child because there were "so many false leads, so many blind alleys. So many years went by."

"Now," he said after the sentencing, "I know what the face of evil looks like."

From the start, Etan's case spurred a huge manhunt and an enduring, far-flung investigation. But no trace of Etan was ever found. A civil court declared him dead in 2001.

Hernandez didn't become a suspect until police got a 2012 tip that he'd made remarks years earlier about having killed a child in New York.

Hernandez then confessed to police, saying he'd lured Etan into the store's basement by promising a soda and choked him because "something just took over me." He said he put Etan, still alive, in a box and left it with curbside trash.

"I'm being honest. I feel bad what I did," Hernandez said in a recorded statement.

His lawyers say he confessed falsely because of a mental illness that makes him confuse reality with imagination. He also has a very low IQ.

The defense pointed to another suspect, a convicted child molester whom some investigators and prosecutors — and even Etan's parents — pursued for years. That man made incriminating statements years ago about Etan but denied killing him and has since insisted he wasn't involved in the boy's disappearance. He was never charged.

Hernandez's February conviction came in a retrial. His first trial ended in a jury deadlock in 2015.

Manhattan state Supreme Court Justice Maxwell Wiley said Tuesday he'd found prosecutors' case against Hernandez compelling. Hernandez, he said, "kept a terrible secret for 33 years."
 
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Etan’s murderer now must have new trial or be freed (Archive)

Man convicted in 1979 kidnap and murder of Etan Patz must have new trial or be freed, appeals court rules​

"We are reviewing the decision," a Manhattan district attorney’s office spokesperson told NBC News about the order to overturn Pedro Hernandez's conviction.
July 21, 2025, 2:11 PM EDT / Updated July 21, 2025, 3:54 PM EDT
By Pilar Melendez
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 2017of 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.
 
Paging Gary Plauché. Gary, please pick up the phone next to this worthless murdering pedo.
 
Fine, rack him up again, we can play this sick game as long as you "the insane can't help it, ergo they must be free to offend among us and on us" people can.
 
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