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Latest in Etan Patz trial: Holdout wanted more evidence

May 8, 2015, 2:18 PM

5:05 p.m.

The lone holdout on the jury in New York murder trial involving the 1979 disappearance of 6-year-old Etan Patz says he couldn’t find enough evidence that wasn’t circumstantial.

Adam Sirois was the only one of 12 jurors who voted to acquit Pedro Hernandez. The judge declared a mistrial Friday after 18 days of deliberations. The jury had announced three times that it was unable to render a verdict.

Sirois says his reasons for believing Hernandez was not guilty centered on Miranda rights and seven hours of police questioning that wasn’t taped.

He says he felt that mental health was “a huge part of this case.”

Hernandez confessed to killing Etan, but his lawyers said Hernandez was mentally ill.

Sirois says the other 11 jurors were thoughtful and respectful toward him.

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4:50 p.m.

Jurors in the New York murder trial involving the 1979 disappearance of first-grader Etan Patz say they found the suspect’s confession compelling, with one saying the details indicated he wasn’t just making up a story.

Six of the 12 jurors spoke Friday at the courthouse after a judge declared a mistrial in the case of Pedro Hernandez. Jurors deliberated for 18 days and deadlocked three times.

Hernandez said he choked the boy in the basement of the convenience store where he worked. He said he then put the body in a bag, put the bag in a box and dumped it. His lawyers say he’s mentally ill.

One female juror says that she was very sad they weren’t able to bring a resolution to the case but that they tried.

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4:40 p.m.

Jurors in the New York murder trial involving the 1979 disappearance of 6-year-old Etan Patz say they were 11-1 in favor of guilt.

The jury spoke Friday after the judge declared a mistrial in the case of Pedro Hernandez. Jurors had announced they were hung three times.

Etan disappeared on his way to school May 25, 1979. His body was never found.

Hernandez confessed in 2012 to choking Etan, but his lawyers said he is mentally ill and the confession was false.

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4:20 p.m.

A lawyer for a man accused of kidnapping and killing 6-year-old Etan Patz in 1979 says there’s only a resolution to the case if the right person is held accountable.

Harvey Fishbein spoke Friday after a jury deadlocked in the case of his client Pedro Hernandez and a judge declared a mistrial.

Fishbein says he is sure the Patz family and the city of New York are interested in a resolution to the case, which has confounded authorities for decades. But he says justice is only served if the right man goes on trial and is found guilty.

Etan’s father, Stan, said earlier Friday that the family is convinced Hernandez killed their son.

Etan disappeared on his way to school May 25, 1979. His body was never found.

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4:10 p.m.

The New York City district attorney says he believes there was clear evidence of guilt for a man charged with killing a 6-year-old boy in 1979, but the passage of time was a hurdle in the case.

District Attorney Cyrus R. Vance issued a statement Friday after a judge declared a mistrial in the case against Pedro Hernandez. Hernandez was accused of killing first-grader Etan Patz (AY’-tahn payts), who became one of the first missing children ever pictured on milk cartons.

Vance thanked the Patz family for their “courage and determination” over the years. He also thanked the jury, who was empaneled on the case for more than three months.

Vance says he believes “there is clear and corroborated evidence of the defendant’s guilt beyond a reasonable doubt.”

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3:50 p.m.

The father of a 6-year-old New York City boy who went missing in 1979 says he is convinced the man on trial killed his son.

Stan Patz (payts) is the father of Etan (AY’-tahn) Patz. He spoke Friday after a judge declared a mistrial in the case against Pedro Hernandez. The jury deadlocked three times in 18 days of deliberations.

Patz says sitting through Hernandez’s trial convinced him Hernandez is guilty.

Hernandez was a teenage stock boy at a Manhattan convenience store when Etan went missing. He confessed to choking Etan and putting his body in a bag. His lawyers say the admission was the fictional raving of a mentally ill man.

Patz says Hernandez’s “story is simple, and it makes sense.”

He says the family has closure believing Hernandez did it.

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3:35 p.m.

The judge has thanked jurors in the murder trial of a man accused of kidnapping and killing 6-year-old Etan Patz (AY’-tahn payts) in 1979, saying it’s obvious they worked very hard.

The jury said Friday that they were hopelessly deadlocked for the third time in the case against Pedro Hernandez. They deliberated for 18 days.

Hernandez showed no reaction when the judge declared a mistrial. His wife and daughter weren’t in court.

Etan’s father, Stan, also remained stoic when the mistrial was declared.

Assistant District Attorney Joan Illuzzi-Orbon immediately requested a court date to set a new trial date. That court date was schedule for June 10.

Hernandez will remain in custody.

Etan disappeared on his walk to school. His body has never been found.

The case has baffled authorities for decades.

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3:30 p.m.

A mistrial has been declared in the murder trial of a man accused of kidnapping and killing 6-year-old Etan Patz (AY’-tahn payts) in 1979.

Jurors said Friday that they were hopelessly deadlocked in the case against Pedro Hernandez after 18 days of deliberations. The Maple Shade, New Jersey, resident made a surprise confession in 2012. He told authorities he choked Etan in the basement of a convenience store where he worked and dumped the body a few blocks away.

But prosecutors had no physical evidence linking Hernandez to the crime. Etan’s body was never found. Defense attorneys suggested another man had committed the crime and said Hernandez was mentally ill.

The case has baffled authorities for decades.

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3:15 p.m.

The judge in the New York murder trial involving the 1979 disappearance of 6-year-old Etan Patz says he is planning to call the deliberations to an end after jurors announced for a third time they were deadlocked.

Jurors have been deliberating the case against Pedro Hernandez since April 15. They announced they were deadlocked on April 29, Tuesday and Friday.

The judge said Friday that he planned to end deliberations. He is waiting for the jury to be brought back in to declare a mistrial.

Etan was among the first missing children pictured on milk cartons. The anniversary of his disappearance is National Missing Children’s Day.

Hernandez made a confession in 2012. His lawyers say it’s false, and they’ve pointed to another suspect who wasn’t charged.

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3:10 p.m.

The jury deliberating in the murder trial of a man accused of kidnapping and killing 6-year-old Etan Patz (AY’-tahn payts) in 1979 says it is deadlocked — for a third time.

Jurors have been deliberating the case against Pedro Hernandez since April 15. They had announced they were deadlocked twice before, on April 29 and Tuesday.

The judge on Friday has yet to decide how to respond.

Etan was among the first missing children pictured on milk cartons. The anniversary of his disappearance is National Missing Children’s Day.

Hernandez made a confession in 2012. His lawyers say it’s false, and they’ve pointed to another suspect who wasn’t charged.

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United States News

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Latest in Etan Patz trial: Holdout wanted more evidence