Hearing Continues for Accused Child Killer

By ANNA DITUCCI-CAPIELLO & STEPHANIE LOVELLE

The presiding judge in the Etan Patz hearing admonished defense lawyers on Tuesday that the defendant’s mental fitness was not at issue in the preliminary proceeding but only the constitutionality of his taped confession.

Pedro Hernandez, 53, who was accused of abducting and killing Etan, 6,  appeared reserved and unassuming in his orange prison suit and handcuffs, attended the hearing. He sat head held downward and did not make any statements.

The hearing in Manhattan Supreme Court was the second of a month-long event to determine the constitutionality of Pedro Hernandez’s confession

Defense lawyer, Harvey Fishbein, stood by his argument that Hernandez was unfit to voluntarily confess to the 1979 murder of the child, citing his history of mental illness and an I.Q. of 70.

During the first cross-examination of detective Anthony Curtin, who elicited the confession two years ago, Fishbein suggested that his client was delusional, often experiencing visions of his dead mother. Fishbein argued that he delusions made him susceptible to being coerced by police and confessing to the crime that he didn’t commit..

Furthermore, Fishbein argued that Hernandez was read his Miranda rights too late and was unaware of what he was waiving.

The video of Hernandez’s confession was played on Monday, providing a chilling account of the alleged abduction of Etan who had been waiting alone for a school bus in his SoHo neighborhood.

“When he (Etan) went in front of me I grabbed him by the neck and I started to choke him,” he was heard telling investigators. “I wanted to let go but I just couldn’t.”

Because there was no official transcript of the video confession, Wiley decided that it would not be played in subsequent hearings.

The hearing was scheduled to resume Thursday.