The judge in the Etan Patz case sent jurors home for the weekend. They're deciding the fate of accused murderer Pedro Hernandez, and they seem focused on something that might prove negative for the prosecution's case. NY1’s Michael Herzenberg filed this report.
Pedro Hernandez confessed on video over and over again to strangling Etan Patz in 1979 and dumping the six-year-old's body in an alley.
But what happened in the seven hours NYPD Detectives questioned him before they recorded the first confession? That's what jurors want to know.
They asked to review several elements surrounding that time period.
They looked at the documents that show Hernandez signing away his Miranda right to remain silent at the start of that first taped confession.
They heard again from the Assistant District Attorney who decided not to record for several hours, and saw the missing poster he signed during the taping, which said ‘This is the kid I choked. I'm sorry.’
Hernandez's defense attorney explained why he thinks this may be significant.
“They're focusing on it because they're having problems with the fact that Pedro was in custody for seven and half hours, and as a result of being in custody for seven and half hours, he came out of that time period believing that he had actually harmed Etan Patz,” said Harvey Fishbein.
Thursday, jurors asked the judge and learned they can disregard confessions if they feel they are not voluntary. A list of factors will go into making that determination, including the intelligence of the defendant. Testimony showed he has an IQ of 70.
We do not know what the jury is thinking because deliberations are kept secret. The seven men and five women have been behind closed doors for two full days and almost two hours. They get the weekend off and return Monday morning to continue deliberating the kidnapping and murder charges.