By Joseph Ax and Karen Freifeld
NEW YORK, Nov 15 (Reuters) - The man who confessed to the
1979 killing of 6-year-old Etan Patz made a brief courtroom
appearance on Thursday, standing silently as a prosecutor told
the judge that murder charges had been formally filed more than
three decades after the child's disappearance.
Pedro Hernandez, 51, did not enter a plea during the hearing
in Manhattan, which lasted just minutes. His lawyer later told
reporters that Hernandez was innocent and would eventually plead
not guilty, despite the previous confession.
Patz disappeared from a Manhattan street on May 25, 1979, on
his first walk alone to the school bus stop. He was one of the
first missing children whose face appeared on a milk carton as
part of an appeal for information from the public. The boy's
body has not been found, although he was legally declared dead
years ago.
Hernandez confessed in May to luring the boy and strangling
him. He had worked at a deli near the Patz home in the downtown
Soho neighborhood in the late 1970s before moving to New Jersey.
"Statements made by my client are not reliable. They are
what we term false confessions," said attorney Harvey Fishbein,
who has previously described Hernandez as suffering from
schizophrenia.
The hearing came a day after prosecutors announced a grand
jury indictment against Hernandez that charged him with
kidnapping and murder. The next scheduled court date is Dec. 12.
It was Hernandez's second court appearance - the first came
shortly after his arrest in May - in a case that has haunted the
city for more than three decades and altered the way the United
States responds to missing children.
The Patz family was not present in court on Thursday.
"This trial will take time and take money and it will not
tell the city - and unfortunately will not tell the Patz family
- what happened to Etan Patz," said Fishbein, who has said his
client did not commit the crime.
He said Hernandez remained under psychiatric treatment and
that to his knowledge police had not uncovered any evidence
beyond the confession that would point to his client as the
killer.
A spokeswoman for the Manhattan district attorney's office,
Erin Duggan, said prosecutors believe Hernandez's confession
will withstand scrutiny.
"We believe the evidence that Mr. Hernandez killed Etan Patz
to be credible and persuasive, and that his statements are not
the product of any mental illness," she said in a statement
issued on Wednesday.
A report prepared by a state mental health expert deemed
Hernandez fit to stand trial.
For years, another man, Jose Ramos, a friend of Patz's
babysitter, was the prime suspect in the case, although he was
never criminally charged. Ramos was found liable for Patz's
death in a 2004 civil case.
Ramos, 69, was recently released from a Pennsylvania prison
after serving 20 years for molesting children but was
immediately rearrested on other charges.
Fishbein said he would request any evidence against Ramos
from law enforcement as part of Hernandez's defense.
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