STORY: "Patz Murder Suspect Defense Seeks to Discredit Confession," by reporter Thomas MacMillan, published by The Wall Street Journal on December 17, 2016.
SUB-HEADING: "Lawyers for Pedro Hernandez, who is accused of killing Etan Patz in 1979, rely on an expert in false confessions. "
GIST: "Lawyers for the man accused of killing 6-year-old Etan Patz will seek
to convince jurors Monday of a central argument of their case: A
suspect could tell police that he strangled a child, and yet still be
innocent. That
premise is at the core of the defense’s case in the trial of Pedro
Hernandez, a 55-year-old former bodega worker, under way in Manhattan
Supreme Court. Etan
was in first grade in May 25, 1979, when he vanished on his first day
walking alone to the school-bus stop near his family’s home in
Manhattan’s SoHo neighborhood. More than three decades later, in
2012, Mr. Hernandez told police that he promised Etan a soda to lure him
into the basement of the bodega near the bus top, then choked him to
death and disposed of his body. Mr.
Hernandez’ s lawyers now seek to convince jurors that their client
didn't do what he said he did, and gave a false statement to police. They argue that Mr. Hernandez has an abnormally low IQ, and a mental
illness that makes it hard for him to tell truth from fiction. Dr. Bruce Frumkin,
an expert in forensic psychology and false confessions, will continue
testimony he began last week, when he told jurors that suspects can
sometimes give false confessions and are more likely to do so after
prolonged questioning and if they have limited intelligence or mental
disorders. Dr. Frumkin, who was hired by the defense, said he
examined Mr. Hernandez and found him to have both a low IQ and
Schizotypal Personality Disorder, a condition related to Schizophrenia. In
a previous trial of Mr. Hernandez, which ended in a mistrial after
jurors failed to agree on a verdict, Dr. Frumkin testified that Mr.
Hernandez can’t differentiate what is real from what isn’t. He testified
that Mr. Hernandez would have been especially susceptible to
manipulation by detectives seeking an admission of guilt. Defense lawyers last week called to the stand Mr. Hernandez’s daughter, who testified that her father spoke of visions, talked to himself, and had bizarre habits like taping over cracks in his bedroom walls, to avoid being spied on. Also last week, Dr. Virginia Barber-Rioja
a psychologist who testified about her evaluation of Mr. Hernandez at
Bellevue Hospital shortly after his arrest in 2012, said that she
suspected Mr. Hernandez suffered from Schizotypal Personality Disorder,
but had stopped short of officially diagnosing him. During cross examination, prosecutor Joel Seidemann repeatedly asked
Dr. Barber-Rioja about the possibility that Mr. Hernandez was
malingering, faking his illness to avoid prosecution for murder. Mr.
Seidemann highlighted test scores that showed Mr. Hernandez was likely
exaggerating symptoms of mental illness. Dr. Barber-Rioja testified that
Mr. Hernandez answered yes to questions like “Do you have any major
problems communicating with other planets?” designed to catch people who
are feigning psychosis. Dr.
Barber-Rioja, however, continued to stand by her assessment that Mr.
Hernandez had not been malingering. She testified that observations in
Bellevue and discussions with his wife didn't corroborate test findings
showing that he might be exaggerating symptoms."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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. com/2011/05/charles-smith- blog-award-nominations.html Please
send any comments or information on other cases and issues of interest
to the readers of this blog to: hlevy15@gmail.com. Harold Levy;
Publisher; The Charles Smith Blog.
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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/