Login Form

Mistrial Declared in Etan Patz Child Murder Case - Legal Commentary by Boston Attorney Hank Brennan

AddThis Social Bookmark Button

The Etan Patz murder trial recently ended after 18 days of deliberation in a stunning mistrial that seemed an impossibility as the defendant confessed and provided sick, demented, details of the child's last moments of life.

Inside the jury room, where seemingly normal people jockey for power and control, facts often get lost in the play for dominance

Boston legal scholar Attorney Hank Brennan, former Prosecutor for Suffolk and Essex counties, has dealt with his share of juries from voir dire to verdict.As a former prosecutor, Brennan agreed to provide a legal viewpoint from inside the jury room as to some causes of mistrial.

Q. Obviously, the simplest question, how is this possible? Do you think it is the way in which evidence is perceived? The length of time in between crime and trial, how about admissible confessions?

A. There are many causes for a mistrial. Some reasons for a mistrial are based on a fundamental problem with the jury or deliberation process that infects the jury.

For example, if a juror knew a witness in the case and either failed to disclose their knowledge or recognized a witness after the case already began this potential bias could cause a mistrial.

Another reason for a mistrial could be that an outside source infected the jury during deliberation. This type of mistrial would include jurors learning of inadmissible evidence or tampering by a third party.  

The most common cause of a mistrial is the situation that occurred in the Patz case. Although the word mistrial standing alone has a dubious connotation, a mistrial can be based on the simple fact that all jurors could not agree on guilt or innocence. This is not an uncommon phenomenon.

This type of mistrial does not invoke double jeopardy, thus, the prosecution if free to retry the case if they choose to do so.

Sometimes jurors have committed themselves to guilt or innocence before trial. Other times, personal conflicts between jurors can cause one or many jurors refuse to compromise and remain adverse to each other based on personal issues as opposed to the facts of the case. Sometimes reasonable people simply don't agree.  

Q. In this case a single holdout indicated they did not feel there was enough evidence to convict how did eleven people find enough and one not?

A. The lone hold-out juror provided an interview with the New York Post today.  His commentary and opinion was thoughtful, comprehensive, and seemingly sincere. It is not often that a juror will provide such a candid interview so this jurors thoughts actually helps both sides in the event of a retrial.

The defense will better identify what issues a juror may struggle with and the prosecution can isolate the concerning issues and attempt to improve their evidence on those issues.

The division of jurors has no relevance in a re-trial. It is a trap for an inexperienced lawyer to feel comforted by the jury division in their favor or discouraged by a jury division against them. The next jury is a clean slate and there no value to attaching emotion to the juror breakdown.

Q. What are the next options for the prosecutor?

A. Putting aside emotion, the prosecution will appreciate that they have a viable case if virtually every juror sought to commit. In assessing resources available for a re-trial, likelihood of success, relevance of plea bargaining, and whether putting the victim's family through another trial are all issues that have some relevance to the jury break down.

I expect given the circumstances the prosecution will not hesitate to retry the case. Given the extent of the defendant's alleged mental health illness and his age, I do not think a plea bargain to a lower level of murder is beyond reason.

 

Haute Tease

  • Breathe Review – Beautiful, Shocking, A Breathless Love Story

    AddThis Social Bookmark Button

    Breathe, from Bleecker Street Films and Participant Media, brings to the screen the true story of Robin and Diana Cavendish, their remarkable commitment, love and desire to be together against all odds and to dare to change the world.

     
  • Mark Kearney Group Hosts Ultra Exclusive Emmy Suite

    AddThis Social Bookmark Button

    Mark Kearney, Executive Chef and owner of the Mark Kearney Group, is hosting an ultra-exclusive Luxury Awards Emmy Gifting suite and an invitation only VIP reception at the home of Emmy winner Peter and Lisa Brennan.

     
  • Teenage Utah Couple Missing Since December Found

    AddThis Social Bookmark Button

    The bodies of a young couple who had been missing since December were discovered at the bottom of an abandoned Eureka mine shaft, hands and feet bound, brutally beaten and butchered ending the three month mystery into their disappearance.

     
  • Jack Black to Perform At The Oscars®

    AddThis Social Bookmark Button

    The versatile actor, singer and comedian Jack Black will make a special appearance at the 87th Oscars, show producers Craig Zadan and Neil Meron announced today. The Oscars, hosted by Neil Patrick Harris, will air on Sunday, February 22, live on ABC.  

  • Capella Pedregal’s Popular Trunk Show Will Feature Trendsetting Fashion Designer, Chan Luu October 31 to November 3, 2013

    AddThis Social Bookmark Button

    A core Capella Hotels and Resorts tenet is curating one-of-a-kind experiences for its guests and the stylish Capella Pedregal continues this rich tradition with its intimate fashion trunk shows known as the “Capella Collection Trunk Show Series.”

     
  • Hurricane Threatens GOP Convention; Romney Set to Accept Nom - The Road to the White House - Election 2012 - Week 34

    AddThis Social Bookmark Button

    Mitt Romney, the presumptive presidential candidate, spent the week readying the voters of America for his primetime acceptance speech as he stumped across the Midwest.

     
  • Warren Beatty's Rules Don't Apply World Premiere To Open 30th Edition Of AFI Fest 2016 Presented By Audi

    AddThis Social Bookmark Button

    The American Film Institute (AFI) announced today that the World Premiere of New Regency and 20th Century Fox's RULES DON'T APPLY, written, directed, produced by and starring AFI Life Achievement Award recipient and Academy Award® winner Warren Beatty, will open AFI 2016.

Donate Elite

It's the desire at Haute-Lifestyle.com to keep journalism free. Running a business, however, dictates what is now a common dilemma; a paywall, subscription or donation. Thank you for your donation.