Manhattan District Attorney Alvin Bragg faces tough decisions regarding Pedro Hernandez, convicted in 2017 for the murder of Etan Patz. Legal experts emphasize that the age of the case complicates a potential third trial, as key witnesses, including detectives, may be deceased, and memories have faded. Defense attorneys will leverage prior prosecution strategies to create doubt among jurors. Hernandez's legal team also argues that jury instructions were improper, which could influence the outcome of a retrial, pending a review by Bragg's office following a ruling by a three-judge appeals panel.
Several law experts said the passage of time will make prosecuting for a third time Pedro Hernandez, the man suspected in the kidnapping and killing of Etan Patz, incredibly difficult.
Witnesses, including detectives who first investigated the disappearance that stunned the nation, may have died. Memories have faded.
Defense attorneys will have the added benefit of having the prosecution's prior strategy, giving them a blueprint for how to sow doubt in jurors' minds.
Attorneys for Hernandez argued that instructions given to the jury during the trial were improper and prejudiced the verdict.
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