Friday, May 8, 2015

Pedro Hernandez: New York; Mistrial declared in Etan Patz murder case after jury deadlocks for a third time; Eleven of the 12 jurors believed Hernandez was guilty; One held out against a conviction. "The lone holdout, Adam Sirois, told reporters he couldn't overcome reasonable doubt; he said he felt mental issues were at play, citing Hernandez's "bizarre" confession, and said he had concerns about the police tactics through which that confession was attained." NBC News. (See link to Amy Davidson in the New Yorker: "The doubt in this case was not just reasonable. It was, and is, profound."


STORY: "Mistrial declared in Etan Patz murder case after jury deadlocks for a third time," by reporter Andrew Siff, published by NBC News on May 8, 2015.

SUB-HEADING: "Eleven of the 12 jurors believed Hernandez was guilty; One held out against a conviction."

SUB-HEADING: "A judge declared a mistrial in the Etan Patz murder case after the 12-person jury, deliberating for an 18th day, sent him a note for the third time saying they could not agree on whether 54-year-old Pedro Hernandez killed the 6-year-old boy in 1979."
GIST: "A judge declared a mistrial in the Etan Patz murder case after the 12-person jury, deliberating for an 18th day, sent him a note for the third time saying they could not agree on whether 54-year-old Pedro Hernandez killed the 6-year-old child in 1979. The jury of five men and women said Friday they were unable to reach a unanimous decision in the SoHo case, which has haunted New York City for decades, after re-hearing closing arguments from both sides last week. Eleven of the jurors believed he was guilty; one held out against a conviction, the panel revealed. The lone holdout, Adam Sirois, told reporters he couldn't overcome reasonable doubt; he said he felt mental issues were at play, citing Hernandez's "bizarre" confession, and said he had concerns about the police tactics through which that confession was attained.........The defense moved for an immediate mistrial Friday, as it did the first two times the jurors said they were deadlocked. This time, Wiley granted the motion. He dismissed the jurors, thanking them for their service. Etan Patz's father, Stanley Patz, and other relatives of the little boy sat silently as the jury left the courtroom. The judge delayed formally announcing the mistrial until the Patz family could make their way into court. Hernandez appeared visibly relieved as he waited for the decision. Nearby, his wife and daughter bowed their heads in prayer. One of his lawyers, Harvey Fishbein, said the defense was disappointed by the mistrial, as it had been hoping for an acquittal, but that they will be ready if prosecutors re-try the case.........The Manhattan district attorney's office asked for a new trial date, though it wasn't immediately clear if prosecutors intended to bring the case against Hernandez again. There is no timetable on an open murder indictment and Hernandez will remain in custody until it is closed, the judge said........ Manhattan District Attorney Cy Vance said the challenges in the Patz case were "exacerbated by the passage of time," but he said he firmly believes "there is clear and corroborated evidence of the defendant's guilt beyond a reasonable doubt." Vance thanked the jury for their service over the last several months and the Patz family for their "courage and determination" over the last few decades. Etan Patz disappeared 36 years ago this month.........Fishbein said during closing arguments for the defense that Hernandez was "the only witness against himself." He pointed to longtime suspect Jose Ramos, a convicted pedophile who admitted to a federal prosecutor that he had been with Patz the day the boy vanished. A former jailhouse informant who was working with them gave a stomach-turning account of conversations he had with Ramos that included details on molesting Patz. Manhattan prosecutors never felt there was enough evidence to charge him with the crime. In closing arguments, the defense honed in on Ramos. "We did find out why Etan disappeared — but it was not because of Pedro Hernandez," Fishbein said. "It was because of Jose Ramos." Patz's photo was one of the first on milk cartons. The day he went missing, May 25, was later named National Missing Children's Day. 

The entire story can be found at:

 http://www.nbcnewyork.com/news/local/Etan-Patz-Murder-Trial-Jury-Deadlock-Mistrial-Verdict-Hung-SoHo-Missing-Boy-1979-New-York-302760721.html

See Amy Davidson (New Yorker): "The doubt in this case was not just reasonable. It was, and is, profound. There was no real physical evidence. Etan’s body was never found. Ramos is a frightening figure, who once tried to lure children into a drainpipe in Van Cortlandt Park, in the Bronx. He’d been living in the drainpipe, and police found pictures of boys Etan’s age among his possessions. So many people were so sure, for so long, that Ramos was guilty that the failure to prosecute him became an issue in the 2009 election for Manhattan District Attorney. Leslie Crocker Snyder, one of the candidates, held a press conference with Stanley Patz, Etan’s father—who had previously obtained a default wrongful-death judgment against Ramos in civil court—and she pledged that “as district attorney, I will work to insure that justice is finally served in this tragic case.” In response, Robert Morgenthau, the retiring district attorney, angrily told reporters, “We spent a huge amount of time on that case. If we could go to a grand jury, we would in a minute.” Snyder lost, but not before the winner, Cyrus Vance, Jr., promised to take another look at the case. His office reopened it, and the resulting publicity led a man named José Lopez, who had been married to Hernandez’s sister, to call the police and tell them what he knew. And that is the other side of it."

 http://www.newyorker.com/news/amy-davidson/mistrial-in-the-etan-patz-case?mbid=rss

PUBLISHER'S NOTE: 
 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
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Harold Levy; Publisher; The Charles Smith Blog;