Attorney David Schwartz Talks About Prosecutors Will Retry Man In Death of Etan Patz⁨ ‪@CBSNewYork‬

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0:00 And the man convicted of kidnapping and 0:02 murdering six-year-old Eton Pates will 0:05 stand trial for a third time after his 0:08 conviction was thrown out. Dick Brennan 0:10 has more now on the decades old murder 0:12 case that has haunted the city. 0:15 Was one of the most notorious murder 0:16 cases the city had ever seen. The 0:18 killing of six-year-old Eton Pates. In 0:21 1979, Eton disappeared on the first day
0:24 he was allowed to walk alone to his 0:26 school bus stop in Soho. some something 0:29 just took over me and I just choke him. 0:32 Pedro Hernandez had confessed to the 0:34 crime and was convicted in 2017. At the 0:37 time, Eton's father said he was 0:39 relieved. 0:40 But we finally have found some measure
0:42 of justice 0:44 for our wonderful little boy, Eton. 0:47 But in July, an appeals court overturned
0:49 the conviction, saying the judge 0:51 improperly instructed the jury about the 0:53 confessions. Now, the Manhattan DA's 0:55 office says it will once again try 0:57 Hernandez, saying that the available 0:59
admissible evidence supports prosecuting 1:01 defendant on the charges of murder in 1:03 the second degree and kidnapping in the 1:05 first degree. 1:06 This case is decades old. How difficult 1:09 is it to retry a case like this? It's 1:11 always difficult to try a case so old, 1:14 but for a murder case, there is no 1:17 statute of limitations. And criminal 1:19 defense attorney David Schwarz says the 1:21 confession in the case will be once 1:22 again front and center in the retrial. 1:24 When that confession is put in front of 1:26 that jury, it leaves such an impression 1:29 that of course there's a real world 1:31 burden for the defense to undermine that 1:34 confession to show that jury that that 1:36 confession was not real and it's not 1:38 voluntary. 1:39
An attorney for Hernandez say they're 1:41 deeply disappointed in the decision to 1:43 retry the case. And the federal appeals 1:45 court said there is evidence to show 1:47 that Pedro is innocent. But if this 1:49 case, which is 46 years old, does go to 1:52 trial, we will be ready. Jury selection 1:54 in Hernandez retrial would have to begin 1:57 by June 1st of next year, or else he 2:00 must be released from prison. In Soho, 2:03 Dickran and CBS News