A judge says he will declare a mistrial in the Etan Patz murder case after the 12-person jury, deliberating for an eighteenth day, sent him a note for the third time saying they could not agree on whether 54-year-old Pedro Hernandez killed the 6-year-old child in 1979.
The jury of five men and women said Friday they were unable to reach a unanimous decision in the SoHo case, which helped galvanize the national missing-children's movement, after re-hearing trial summations last week.
The defense moved for an immediate mistrial, as it did the first two times the jurors said they were deadlocked. This time, Wiley planned to grant the motion.
The Manhattan district attorney's office had no immediate comment on whether it would retry the case against Hernandez.