"Manhattan DA Alvin Bragg and New York City prosecutors have asked the United States Supreme Court to reinstate the conviction of Pedro Hernandez, the man who was found guilty in 2017 of murdering and kidnapping six-year-old Etan Patz in 1979. The U.S. Court of Appeals for the Second Circuit overturned Hernandez's conviction in July, with a three-judge panel finding that New York Supreme Court Judge Maxwell Wiley, who presided over Hernandez's trial, incorrectly answered a question from the jury regarding what evidence they could consider"
"Hernandez, now 64, repeatedly confessed to police that he had kidnapped Patz while he was walking to his New York City bus stop and killed him in a SoHo basement, but Hernandez's lawyers have argued that his confession was the product of psychotic delusion and that his first confession before police came before he was told he had the right to remain silent."
"During 2017 jury deliberations, Wiley told jurors that, even if they decided Hernandez didn't initially voluntarily confess before he'd been read his rights, they didn't need to disregard his other subsequent confessions to police, or his statements to members of the public, like his family and friends, whom he told he'd done a bad thing and killed a child in New York, according to police reports."
Manhattan prosecutors asked the U.S. Supreme Court to reinstate Pedro Hernandez's 2017 conviction for the 1979 murder and kidnapping of six-year-old Etan Patz. The Second Circuit overturned the conviction after finding Judge Maxwell Wiley incorrectly answered a jury question about what evidence jurors could consider. Hernandez repeatedly confessed to police that he kidnapped and killed Patz, while defense lawyers contend the confession resulted from psychotic delusion and that an initial confession preceded Miranda warnings. Wiley instructed jurors they could consider subsequent confessions and statements even if an initial confession was involuntary. Missouri v. Seibert requires exclusion of both confessions when police deliberately obtain a pre-warning confession and then repeat it.
Read at www.amny.com
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