Jurors Ask More Questions During Fifth Day Of Deliberations In Etan Patz Murder Trial
NEW YORK (CBSNewYork/AP) -- The jury in the trial of the man accused of killing Etan Patz wrapped up a fifth day of deliberations Tuesday without reaching a verdict.
Jurors made several requests throughout the day for more evidence and instructions.
Pedro Hernandez has confessed to killing the 6-year-old boy in SoHo in 1979. He said he lured Patz into a bodega basement and strangled him.
The defense says Hernandez is mentally ill and made up the story.
Jurors want clarification on the law regarding: corroboration, circumstantial evidence, hearsay. Also requesting several exhibits. #EtanPatz
— Jessica Schneider (@SchneiderCNN) April 21, 2015
Jurors requested clarification of the terms "corroboration," "circumstantial evidence" and "hearsay."
The jury asked the judge for clarification on what is required to convict a defendant based on his confession, WCBS 880's Irene Cornell reported.
The judge explained a defendant can't be convicted solely on his words. The jury has to find additional proof that the crimes charged -- kidnapping and murder -- were committed.
The jury was apparently weighing the testimony of a psychiatrist who said Hernandez told him he was full of pain and that he knew one day there would be a knock on the door and he would have to pay for his actions.
As defense attorney Harvey Fishbein put it, legally that is not enough.
"The defendant's statements need to be corroborated by some other proof of a crime," he told reporters Tuesday. "And that's the corroboration that we've been looking for since the day that Pedro was arrested. Perhaps the jury is also."
Five women and seven men will decide whether Hernandez is guilty or not on three separate charges: second-degree murder, felony murder and kidnapping.
The two different murder charges result from different theories under the law. If the jury finds that Hernandez deliberately killed Etan, they will convict him on second-degree murder charges.
If the panel decides Etan's death resulted from actions during the course of a kidnapping, they will find him guilty on the felony murder charge.
Each of the three charges is punishable by 25 years to life in prison.
Etan's photo was one of the first on milk cartons. The day he went missing, May 25, became National Missing Children's Day.
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