NY Trial Attorney David Schwartz Talking About Etan Patz Case Reopened After Conviction Overturned ‪@CBSNewYork‬

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It was one of the most haunting missing
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child cases in New York City history.
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In 1979, six-year-old Eton Pates
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vanished on his way to the school bus.
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The first time he was ever allowed to
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walk there alone. Decades later, police
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arrested Pedro Hernandez, a former
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bodega worker who confessed to killing
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the child. In 2017, after a mistrial,
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Hernandez was convicted of murder. But
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today, that conviction was overturned.
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Dick Brennan is here now to break down
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what that ruling means and also what
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many of us are asking today. What could
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happen next. Dick.
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Well, Jessica and Christine, the federal
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appeals court ruled the convicted
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killer, Pedro Hernandez, must be given a
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new trial or be released. It said a
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judge in the original trial gave
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improper instructions to the jury. This
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was a case of a little boy who never
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came home and that affected just about
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any parent who followed it.
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It was a case that captivated the nation
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and terrified parents everywhere. In
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1979, six-year-old Eton Pates
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disappeared on the first day he was
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allowed to walk alone to a school bus
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stop in Soho. The search for answers
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took decades. And in 2017, a Manhattan
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jury convicted Pedro Hernandez, who
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confessed to luring Eton to a basement
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and choking him to death. But
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Hernandez's lawyer said his confession
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was false, spurred by a mental illness
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that made him confuse reality with
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imagination. And the confession was at
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the heart of the federal court ruling
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overturning the conviction. The appeals
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court said the trial judge gave clearly
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wrong and manifestly prejuditial
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instructions to the jury in response to
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a question about Hernandez's
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confessions.
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The jury in the case considered
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confessions when they shouldn't have
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been able to consider the confessions.
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Legal expert David Schwarz says the
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court made the correct decision to
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overturn the conviction.
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If the jury determines that it's an
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involuntary confession, then they can't
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consider it. The law has to be equal for
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everyone. Eton was among the first
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missing children pictured on milk
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cartons. His case contributed to an era
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of fear, making anxious parents more
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protective of children who many once
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allowed to roam and play unsupervised in
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their neighborhoods. Now the case takes
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another legal turn. something Pedro
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Hernandez's attorney predicted on the
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day his client was convicted.
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I hate to say it, but we're confident
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we'll be back here someday.
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Back here in court, legal experts say it
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might be tough to retry the case without
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the confession because there was no
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physical evidence and Eton's body was
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never found. Hernandez's attorney said
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the charges against him should be
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dropped. In a statement, the Manhattan
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DA says it's reviewing the decision and
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will have Christina and Jessica what
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they call a reasonable time to determine
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whether to bring charges again.
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All right, Dick. Thank you.
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And do stay with us for continuing
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coverage on the latest on the case of
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Eton Pates. You can look back at our
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past reporting on the case on our
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website, cbsnew york.com.