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Man convicted in Etan Patz's kidnapping, murder ordered to have new trial or be released

Man convicted in Etan Patz's kidnapping, murder ordered to have new trial or be released

CBS News4 days ago
A judge ruled Monday that Pedro Hernandez, the man convicted in the 1979 disappearance of 6-year-old Etan Patz, needs to face a new trial or be released.
In 2017, after two trials, Hernandez was sentenced to 25 years to life in prison on charges of second-degree murder and kidnapping in one of the most notorious missing child cases in the U.S.
Hernandez's first trial in 2015 ended in a hung jury, but he was found guilty in the second trial after nine days of jury deliberation.
Hernandez's attorney appealed the verdict, claiming the instructions the jury was given "ignored clearly established Supreme Court precedent and prejudice the verdict."
"We conclude that the state trial court contradicted clearly established federal law and that this error was not harmless," the judge wrote, ordering the new trial or Hernandez's release.
The Manhattan District Attorney's office says they are reviewing the judge's ruling.
Etan vanished on May 25, 1979 while on his way to school. He was one of the first missing children to be pictured on milk cartons. The anniversary of his disappearance was designated National Missing Children's Day.
Jurors spoke out about their decision back in 2017. The jury's foreman saud at the time deliberations had been difficult.
"We were very nervous about making the wrong call," another juror said.
Hernandez had confessed to the killing, although his attorneys argued he was mentally ill and had given false confessions.
"When he went by me, I grabbed him by the neck and I started to choke him," Hernandez said on videotape on May 24, 2012.
Check back soon for more on this developing story.
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Woolwich bus murder: Smiling teenage killers jailed for life for machete attack on 14-year-old Kelyan Bokassa
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Two teenage killers who smiled as they stabbed to death a 14-year-old schoolboy with machetes on the back seat of a bus in Woolwich have been jailed for life. The 16-year-old boys attacked Kelyan Bokassa on the top deck of the 472 bus, moments after boarding the double-decker when it stopped in Woolwich Church Street. Horrific CCTV captured the 14 second attack as Kelyan was stabbed 27 times while trying to defend himself with his school bag. As he lay dying, he called out 'I want my mum', the Old Bailey heard. The attack in January sent shockwaves across London and provided another terrible example of the capital's knife crime problem. Prosecutor Deanna Heer KC said the killers 'repeatedly thrust their knives towards him, smiling as they did so'. In the evening after the murder, they appeared together in celebratory Snapchat videos, smoking, smiling and dancing. 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The court heard the killers boarded the same bus around 20 minutes after Kelyan, while armed with identical machetes. Ms Heer said the teen walked towards Kelyan 'with purpose, pulling out their knives as they did so. 'Upon reaching Kelyan Bokassa, apparently without saying anything, they both immediately began to stab him. 'Since Kelyan Bokassa was seated on the back seat, he was cornered, unable to escape as the defendants repeatedly thrust their knives towards him, smiling as they did so.' The prosecutor said the attack lasted around 13 or 14 seconds, as Kelyan 'had no time to reach for his own knife, which remained in his trousers and instead tried in vain to protect himself with his school bag.' The two attackers fled the bus as Kelyan was heard screaming in pain and shouting 'help, I've been stabbed'. Other passengers and the bus driver went to his aid as the vehicle stopped at Woolwich Ferry, and Kelyan was heard saying: 'Take me to my mum's. I want my mum.' 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Kelyan's father, Hashim Mohamed, told the court in a statement: 'Kelyan was murdered for reasons that we may never know and will never understand. 'I will always wonder why whatever conflict existed could not be squashed with words or in some non-violent way. 'I will wonder what it was about Kelyan that made his life seem expendable in the eyes of those who callously snatched it.' He added: 'It has made us think more about violent youth crime and how it might be addressed and ultimately eradicated. Intellectually, it has made us question why the possibilities for joy are often fleeting for black boys like ours who exist in a world where violence, death, and criminality are normalised.' Kelyan had briefly attended St Columba's Catholic Boy's School in Bexleyheath, which was opened by former Tory prime minister Ted Heath in 1973. He had made rap videos on YouTube under the name 'Grippa', and his mother revealed that Kelyan had spent time in care and also living rough. 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