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What's next for Etan Patz murder suspect?

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    Legal panel weighs in on case

  • Duration 4:28
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-- happening now the suspect in a 33 year old murder mystery is reportedly.

On suicide watch Pedro Hernandez is his name he's expected to be arraigned today despite that.

New York city police say he confessed to killing six year old eight time -- back in 1979 it's still hard to -- mr.

darling photos of this little boy.

Apparently the confession says that Hernandez strangled this little boy just a few steps from his home.

Not -- -- the motive for in fact not clear and a lot of details on this except for the confession which were sorry to hear more about.

Former federal prosecutor Fred TCs with -- in defense attorney chip Merlin the founder president.

Our Merlin law group it is hard it is that -- stealth move CNN so many times thread and it -- the loss of a child it.

You know it never gets -- easier even talk about and I just wonder for the family.

What's gonna happen next -- what -- the steps we have a confession from someone but as far as actual evidence.

We don't know what we have so what is next.

Well we don't know we had dinner and you're actually right you know I've been -- -- -- -- -- got forced on my youngest is ten years old and I look at that picture in my heart just breaks through this family who never moved and never change their phone number.

And in case a little boy came back form but the -- your question what's next he's going to be -- -- second degree murder.

And I got a lot of questions about what's going on here I mean what physical evidence of the police the corroborates -- -- -- -- You know what what what what -- they have that makes them believe that this isn't just some guys decided to confess to this murder.

And chip I'm -- at -- if you're at the defense attorney.

Yet this is your client.

It is or even -- strides he added to it did you just take his confession as the truth.

Or are you also concerned that maybe this guy some crazy guy that has decided that he -- -- -- he's gonna make this confession.

Well confession might be good for the soul that makes -- job of the criminal defense attorney very difficult.

New York at the very interest in -- although it says that a confession all by itself without some evidence that an actual crime took place.

Is not admissible right now there is no body there's -- corpus -- back except for the individuals confession about how have.

Happen there is no physical evidence.

And that convention might not be able to come to the courts in New York because of this very particular law that you -- -- ads so then -- anyway that much of what.

Is that he's never well it never had a trial.

No that's the reason why the continued investigation is so extraordinarily important this particular case the police or go back after lifting at the convention.

And see if they can find some -- corroboration.

That the way in the -- that this can confessed murder took place actually did take place that way with that confession doesn't comment.

So -- if -- fashion does hold up and there is somehow some evidence and again we wouldn't we have limited information right now about what that evidence could potentially be.

What would what would this man face we face the death penalty.

Well in 1979 when a crime took place New York didn't have a death penalty isn't a lot of other states that have been struck -- if they're firmer version -- so I think that's off the table.

Even Andy's been charged with second degree murder.

Which in -- they can they -- can show that the murder was committed in connection with a sex crime or rape or sexual abuse in the victim is obviously under fourteen.

Then the damage charges split up the penalties are fifteen to 25 years imprisonment so it the end of the day you know because the state has to do -- -- people.

This guy's testimony chip raises a great point I don't know how the state corroborated.

He says that he strangled little boy put him in a bag and then disposed of the body in a basement -- of them.

-- there for 33 years I don't understand how the state corroborates that and I think -- a tough case for the state to begin with so could he bark free.

-- even if he has his confession that apparently is so thorough but there is no evidence.

Is that a real possibility that this man may -- never served any time behind bars.

Well it is a real possibility in this case if they don't find the crop -- evidence and just remember in the DNA evidence which we don't have in this case.

We found that after false identity the number two thing that that people get off the hook off -- the real DNA evidence comes in.

Is their own confession so this is pretty important and the reason why new York law requires that there be some type -- -- operation other than the compassion itself that this is the way it happened.

While I was going to stay and he is again going back to the family just wants injustice.

And in some resolution for the family you wonder if they're really getting getting here our favorite camp friendship it's nice to have you as we learn more we'll have -- back thank you.

Thanks.

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