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

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0:00 It was one of the most haunting missing 0:02 child cases in New York City history. 0:04 In 1979, six-year-old Eton Pates 0:07 vanished on his way to the school bus 0:09 The first time he was ever allowed to 0:11
walk there alone. Decades later, police 0:14 arrested Pedro Hernandez, a former 0:16 bodega worker who confessed to killing 0:19 the child. In 2017, after a mistrial, 0:22 Hernandez was convicted of murder. But 0:24
today, that conviction was overturned. 0:27 Dick Brennan is here now to break down 0:29 what that ruling means and also what 0:31 many of us are asking today. What could 0:33 happen next. Dick. 0:35 Well, Jessica and Christine, the federal 0:36 appeals court ruled the convicted 0:38 killer, Pedro Hernandez, must be given a 0:40 new trial or be released. It said a 0:43 judge in the original trial gave 0:44 improper instructions to the jury. This 0:47 was a case of a little boy who never 0:49 came home and that affected just about 0:51 any parent who followed it. 0:53 It was a case that captivated the nation 0:56 and terrified parents everywhere. In 0:58 1979, six-year-old Eton Pates 1:01 disappeared on the first day he was 1:04 allowed to walk alone to a school bus 1:06 stop in Soho. The search for answers 1:08 took decades. And in 2017, a Manhattan 1:12 jury convicted Pedro Hernandez, who 1:14 confessed to luring Eton to a basement
1:17 and choking him to death. But 1:18 Hernandez's lawyer said his confession 1:20 was false, spurred by a mental illness 1:22 that made him confuse reality with 1:24 imagination. And the confession was at 1:27 the heart of the federal court ruling 1:28 overturning the conviction. The appeals 1:31 court said the trial judge gave clearly 1:33 wrong and manifestly prejuditial 1:36 instructions to the jury in response to 1:38 a question about Hernandez's 1:40 confessions. 1:41 The jury in the case considered 1:42 confessions when they shouldn't have 1:45 been able to consider the confessions. 1:47 Legal expert David Schwarz says the 1:49
court made the correct decision to 1:51 overturn the conviction. 1:53 If the jury determines that it's an 1:55
involuntary confession, then they can't 1:57 consider it. The law has to be equal for 2:00 everyone. Eton was among the first 2:02 missing children pictured on milk 2:03 cartons. His case contributed to an era 2:06 of fear, making anxious parents more 2:08 protective of children who many once 2:10 allowed to roam and play unsupervised in 2:13 their neighborhoods. Now the case takes 2:15 another legal turn. something Pedro 2:17
Hernandez's attorney predicted on the 2:20 day his client was convicted. 2:22 I hate to say it, but we're confident 2:24 we'll be back here someday. 2:27 Back here in court, legal experts say it 2:29 might be tough to retry the case without 2:31 the confession because there was no 2:32 physical evidence and Eton's body was 2:34 never found. Hernandez's attorney said 2:36 the charges against him should be 2:38 dropped. In a statement, the Manhattan 2:40 DA says it's reviewing the decision and 2:42 will have Christina and Jessica what 2:44 they call a reasonable time to determine 2:46 whether to bring charges again. 2:47 All right, Dick. Thank you. 2:49 And do stay with us for continuing 2:51 coverage on the latest on the case of 2:53 Eton Pates. You can look back at our 2:54 past reporting on the case on our 2:56 website, cbsnew york.com.