"The prosecution is expected to rest its case Monday in the retrial of Pedro Hernandez, the New Jersey man accused of killing 6-year-old Etan Patz in 1979. Wrapping
up last week, prosecutors showed jurors some now-familiar footage: Mr.
Hernandez making choking noises as he confessed to the crime, imitating
the sound the first-grader allegedly made while he died. “Would that noise be consistent with someone who is beginning to be strangled?” Assistant District Attorney Joan Illuzzi asked Michele Slone, Manhattan’s deputy chief medical examiner, who took the witness stand Thursday. Ms.
Slone was one of the final witnesses called by the prosecution after
six weeks of testimony. Lawyers for Mr. Hernandez are expected to begin
the case for his innocence on Monday. Prosecutors were taking
advantage of a last opportunity to replay a central piece of evidence,
one that jurors have already seen several times: Videotaped confessions
by Mr. Hernandez. Prosecutors have played those videos more often than in the previous
trial against Mr. Hernandez, which ended in a mistrial after jurors
failed to reach consensus. One holdout juror refused to agree with 11
who voted to convict. Overall, the prosecution has chosen not to
alter its approach significantly since the first trial, calling many of
the same witnesses in largely the same order and even using some of the
same phrases in opening arguments. But
prosecutors have made sure jurors spend more time reviewing footage of
Mr. Hernandez explaining how he killed Etan. Those videos have been
played by prosecutors during the testimony of at least five different
witnesses. Mr. Hernandez’s videotaped statements, made to police
in 2012, represent the core of the state’s case against the 55-year-old.
Etan disappeared on his way to the school bus on May 25, 1979, and his
body was never found. Defense lawyers argue that Mr. Hernandez’s
confessions were false, made after hours of aggressive police
interrogation. They say their client was susceptible to manipulation
because of an abnormally low IQ and a mental illness that impedes him
from distinguishing fact from fiction. In a case with no physical evidence, prosecutors want to show the confession as much as possible, said Richard Klein,
a law professor at Touro College. “To the extent that they can have
those jurors hear in Hernandez’s own words what he did, that’s the
strength of their case.”"