Etan Patz Case: Why the DA Decided to Prosecute Pedro Hernandez

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Fishbein, sources say, is virtually certain to try to cast reasonable doubt on Hernandez's guilt by calling as a witness the former federal prosecutor who identified Jose Ramos, a convicted sex offender, as Patz's likely killer. In effect he will put the ex-prosecutor, Stuart GraBois, and his prime suspect on trial.

Ramos was released from a Pennsylvania prison earlier this month after serving 27 years for molestation in an unrelated case, but was immediately rearrested for allegedly lying about where he planned to live after his release.

Fishbein will elicit all he can about Ramos's past admissions that he was "90 percent certain" he had Patz in his apartment the day he went missing. He may bring forth the testimony of jailhouse snitches incarcerated with Ramos, and he will ask, repeatedly, "Where is the evidence?"

"My client will plead not guilty," Fishbein said. And without suggesting his client's confession was false, he simply noted that it is a documented fact that people confess to crimes they have not committed.

Should the case make it all the way to trial, a knowledgeable insider said, one would probably bet against the prosecution.

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