STORY: "Patz Murder Suspect Defense Seeks to Discredit Confession," by reporter Thomas MacMillan, published by The Wall Street Journal on December 17, 2016.
SUB-HEADING: "Lawyers for Pedro Hernandez, who is accused of killing Etan Patz in 1979, rely on an expert in false confessions. "
GIST: "Lawyers for the man accused of killing 6-year-old Etan Patz will seek to convince jurors Monday of a central argument of their case: A suspect could tell police that he strangled a child, and yet still be innocent. That premise is at the core of the defense’s case in the trial of Pedro Hernandez, a 55-year-old former bodega worker, under way in Manhattan Supreme Court. Etan was in first grade in May 25, 1979, when he vanished on his first day walking alone to the school-bus stop near his family’s home in Manhattan’s SoHo neighborhood. More than three decades later, in 2012, Mr. Hernandez told police that he promised Etan a soda to lure him into the basement of the bodega near the bus top, then choked him to death and disposed of his body. Mr. Hernandez’ s lawyers now seek to convince jurors that their client didn't do what he said he did, and gave a false statement to police. They argue that Mr. Hernandez has an abnormally low IQ, and a mental illness that makes it hard for him to tell truth from fiction. Dr. Bruce Frumkin, an expert in forensic psychology and false confessions, will continue testimony he began last week, when he told jurors that suspects can sometimes give false confessions and are more likely to do so after prolonged questioning and if they have limited intelligence or mental disorders. Dr. Frumkin, who was hired by the defense, said he examined Mr. Hernandez and found him to have both a low IQ and Schizotypal Personality Disorder, a condition related to Schizophrenia. In a previous trial of Mr. Hernandez, which ended in a mistrial after jurors failed to agree on a verdict, Dr. Frumkin testified that Mr. Hernandez can’t differentiate what is real from what isn’t. He testified that Mr. Hernandez would have been especially susceptible to manipulation by detectives seeking an admission of guilt. Defense lawyers last week called to the stand Mr. Hernandez’s daughter, who testified that her father spoke of visions, talked to himself, and had bizarre habits like taping over cracks in his bedroom walls, to avoid being spied on. Also last week, Dr. Virginia Barber-Rioja a psychologist who testified about her evaluation of Mr. Hernandez at Bellevue Hospital shortly after his arrest in 2012, said that she suspected Mr. Hernandez suffered from Schizotypal Personality Disorder, but had stopped short of officially diagnosing him. During cross examination, prosecutor Joel Seidemann repeatedly asked Dr. Barber-Rioja about the possibility that Mr. Hernandez was malingering, faking his illness to avoid prosecution for murder. Mr. Seidemann highlighted test scores that showed Mr. Hernandez was likely exaggerating symptoms of mental illness. Dr. Barber-Rioja testified that Mr. Hernandez answered yes to questions like “Do you have any major problems communicating with other planets?” designed to catch people who are feigning psychosis. Dr. Barber-Rioja, however, continued to stand by her assessment that Mr. Hernandez had not been malingering. She testified that observations in Bellevue and discussions with his wife didn't corroborate test findings showing that he might be exaggerating symptoms."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/ charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot. com/2011/05/charles-smith- blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/