"As the Etan Patz trial
enters its 11th week, jurors are facing an unusual burden: determining
whether to convict
Pedro Hernandez
on the basis of his confessions without any physical evidence to back
his tale — or free the only suspect to ever confess to the sensational
1979 murder. In most murder trials, defendants claim they are
innocent, and the burden of proof falls on the prosecution to prove them
guilty beyond a reasonable doubt. But in the Patz case, jurors face a
defendant who has admitted several times he is Patz's killer. Justice
Maxwell Wiley has instructed the jury that it cannot convict Hernandez
solely on the accused man's own words, especially since Etan's body has
never been found. That leaves jurors with the gut-wrenching
responsibility of deciding between justice and potential closure for the
Patz family by convicting Hernandez, now 54, against the possibility
that they are convicting a mentally feeble man who was pressured into a
false confession, as his lawyer argues. Hernandez’s defense lawyer
Harvey Fishbein has insisted jurors disregard his client's numerous
confessions, arguing that Hernandez only imagined that he killed Patz.
Fishbein has argued that the killer was more likely Jose Ramos, a
convicted pedophile who dated Etan's babysitter and has admitted to
trying to molest the boy the day he went missing."