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Etan Patz Case Launched Era Of Putting Missing Children On Milk Cartons

By JENNIFER PELTZ and COLLEEN LONG 04/20/12 11:24 PM ET AP

NEW YORK -- For decades, the prominent case of a missing 6-year-old had a prime suspect: an admitted child molester in a Pennsylvania prison. Although the inmate was never criminally charged in Etan Patz' 1979 disappearance, he was found responsible in a wrongful-death lawsuit.

But investigators on Friday continued tearing up a Manhattan basement linked to someone else, a handyman who was recently re-interviewed by authorities. Through a lawyer, he denied having anything to do with Etan's vanishing, which helped turn missing children into a nationwide cause.

Authorities said they had yet to find any new evidence as of Friday, and the police commissioner and the FBI said they wouldn't discuss any possible suspects. It's unclear what the renewed probe may turn up, if anything.

But if it leads definitively away from Pennsylvania prisoner Jose A. Ramos and to someone else, it could create a legal conundrum: one person held accountable for the boy's death in civil court while another became the focus of a criminal case.

On Friday, investigators were using jackhammers and saws to carefully break through the basement's concrete floor, pulling rubble out and carrying it out of the building with gloved hands, as an anthropologist stood by in case any human remains were found; the work concluded for the day around 6 p.m. but was expected to continue over several days. The debris was to be taken elsewhere and tested, a process that could last into next week, chief police spokesman Paul Browne said.

Police were using a chemical that can spotlight traces of blood and expected that X-ray equipment could help them peer behind walls, though some walls were being removed, Commissioner Raymond Kelly said.

"We're hopeful that we can bring some level of comfort to the parents, perhaps find some – obviously, the body of this poor child – but evidence that may lead to a successful investigation in this case," Kelly said. He was a lieutenant working on organized crime cases when Etan (pronounced AY'-tahn) vanished on the first day he was allowed to walk to his school bus stop alone.

As for whether authorities were optimistic, he said, "I really can't say."

The basement is in a building that was on Etan's way to the bus stop from the SoHo building where his parents still live. At the time, handyman Othniel Miller, who was friendly with the Patz family, was using the underground space as a workshop.

Miller, now 75, is cooperating with investigators and had "no involvement in this tragic event," his lawyer, Michael C. Farkas, told journalists gathered outside Miller's Brooklyn home on Friday.

Investigators decided to refocus their attention on the building after recently speaking again to Miller, whom they had interviewed several times over the years, according to a law enforcement official who spoke to The Associated Press on condition of anonymity because the investigation is ongoing.

Patz' parents, Stanley and Julie, posted a notice on their buzzer Friday telling reporters they wouldn't comment on the developments. A lawyer who has represented them is out of the country and didn't immediately respond to phone and email messages.

Among the first vanished children to appear on a milk carton, Etan became a symbol of a movement to draw attention to child safety – the day of his disappearance, May 25, became National Missing Children's Day. The case has bedeviled investigators as leads emerged and fizzled over the years; Etan, never found, was officially declared dead in 2001.

Ramos, a drifter whose girlfriend was Etan's sometime baby sitter, has been publicly floated as a possible culprit since the 1980s. Now 68, he is serving a 10-to-20-year sentence in Dallas, Pa., after pleading guilty to abusing an 8-year-old boy at a campground there. He is due to be released in November. Efforts to reach lawyers who have represented him were unsuccessful Friday.

A former federal prosecutor who had worked on the case, Stuart GraBois, declared in 1998 that he believed Ramos was behind Etan's disappearance and death; efforts to reach GraBois on Friday were unsuccessful. A Manhattan civil court judge held Ramos responsible in 2004, saying that his refusal to answer some questions amounted to not responding to the suit. The judge ordered him to pay $2 million to Patz' father, Stan.

Police investigated leads to Ramos at various points, including a 2000 search of the basement of the building where he lived in 1979. But the Manhattan district attorney's office concluded there wasn't enough evidence to charge him, or anyone else. Former DA Robert Morgenthau, who led the office from 1975 to 2009, declined to comment Friday.

Current DA Cyrus R. Vance Jr. spent time with Stanley Patz while running for office in 2009 and pledged to reopen the case if elected.

After the investigation resumed in 2010, authorities considered if they should take a fresh look elsewhere since decades of eying Ramos had never yielded anything conclusive, according to another person familiar with the investigation, who also spoke on condition of anonymity to discuss its workings.

The basement Miller had used "started to seem more and more like at least a viable place to start," the person said.

Should the new direction lead to a new suspect, that wouldn't automatically negate the civil court's finding against Ramos.

But he might be able to get a court to reconsider it, legal experts said.

"This would be such a colossal change from what was thought to be the case at the time, I think the courts would probably, to be just, find some kind" of avenue to reopen the case, said Annemarie McAvoy, a former federal prosecutor who now teaches at the Fordham University School of Law.

___

Associated Press writers Jim Fitzgerald, Samantha Gross and Karen Matthews, photographer Bebeto Matthews and researcher Barbara Sambriski contributed to this report from New York, and writer Matt Moore contributed from Philadelphia.

Also on HuffPost:

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NEW YORK -- For decades, the prominent case of a missing 6-year-old had a prime suspect: an admitted child molester in a Pennsylvania prison. Although the inmate was never criminally charged in Etan P...
NEW YORK -- For decades, the prominent case of a missing 6-year-old had a prime suspect: an admitted child molester in a Pennsylvania prison. Although the inmate was never criminally charged in Etan P...
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HUFFPOST SUPER USER
rewith85man
Expressing Who I Am
05:50 PM on 04/22/2012
As long as the boy is in peace with God, then we should not worried about him.

But, I want to see the suspect(s) gets pain, misery, and suffering.
05:08 PM on 04/22/2012
what a wonderful little face...I hope the person that toook him has had a hard life ! I am so tired of killers ! then they stand there in front of the judge and ask for mercy ...the nerve !
10:28 PM on 04/21/2012
I am so sorry this happened to you precious little boy...God Hold and Keep You...Angel
09:16 PM on 04/21/2012
Is it me or does it seem like there is a shocking uptick in disappearances recently?
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HUFFPOST SUPER USER
CVaughn
I gotta fly to St. Somewhere....
10:16 PM on 04/22/2012
This happened in 1979.
01:59 AM on 04/23/2012
Dude, I know. Have you not been tuned in recently. Kids are disappearing everywhere recently. Guess you weren't paying attention.
04:41 PM on 04/21/2012
I remember when Etan Patz went missing. It was all over the media nationally. I have paid attention through the years of his parents desperation of wanting to know what happened to their child. They have every right to seek the truth about Etan until their last dying breath.....and they will do so. I commend them for being able to survive a lifetime of hell of the what ifs, the what could haves, and the should haves been for Etan. God Bless you Mr. and Mrs. Patz
05:13 PM on 04/22/2012
very well said !
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slybarbara
Love or music and books
02:57 PM on 04/21/2012
After 33 years someone decides to dig up a cellar based on the "evidence' of a cadaver-sniffing dog, who apparently can sniff through 1/2 feet of concrete! Not that cadavaer-sniffers are greatly noted for finding their prey, one wonders how all at once this animal leads some Alice in Wonderland search in a vacant cellar. Of course one has to question any possible motive. Why wait? They had the same suspicions (surely) of the suspects then as now! Surely loading up a cellar with concrete after the diappearnce of this cute little boy, would arouse some questions? Perhaps not. Perhaps it was a simple snatching Don't tell the FBI that though, they might be forced to think.
Who's going missing NEXT week? Stay tuned,
SlyBara
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cosMICjester1
02:19 AM on 04/21/2012
Not to sound heartless but it looks like the Ramos guy sounds like the culprit so what's the point in jackhammering the basement?? The kids long dead put that effort & $ into helping the living. Seriously what a waste of time.
09:46 AM on 04/21/2012
Evidence is needed to charge someone. You can't imprison someone just because they 'sound like the culprit'. How ridiculous. If it was a member of your family I'm sure you'd wait all your life to find the killer. I hope they find the person responsible because they've got away with it long enough!
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cosMICjester1
02:49 AM on 04/23/2012
Ramos is already in jail for 20 years & he's 65 years old so what's the point??
04:02 PM on 04/21/2012
U do sound heartless! For those of us missing a loved one it is NEVER a waste of time to search everywhere, around every corner and under every piece of paper, blanket, box, etc. Would u want someone to give up on finding u out there somewhere? Think about ur heartless comments before posting them for those of us STILL LOOKING to read! ever hear of a movie based on a true story called "I Know My Name Is Steven"? Just because someone is declared or even thought to be deceased does not mean that they are gone. In this movie the boy's name is changed and his captor moves off somewhere with him. All the boy knew and what ultimately saved his life was that his original name was Steven. 8 years later he was found and rescued. Ever hear of Jayce Duggard? Missing for almost 20 years and found alive!!!!! There IS hope and u should be ashamed of yourself for your comment. You are the waste of time!!!!!!!!!!!!!!!!!!!!
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HUFFPOST SUPER USER
cosMICjester1
02:52 AM on 04/23/2012
So what does that have anything to do w/ jack hammering a basement after 30 years like their going to find something??If they found his bones you're saying that's going to make the parents feel better or find closure...I doubt it.
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ROBB CORLESS
Singer/Songwriter
07:57 PM on 04/20/2012
Man that whole story hurts me down deep...
05:14 PM on 04/22/2012
yes
07:26 PM on 04/20/2012
my 4 year brother was mudered in1962 by a child molester 40 years later i finally thought that justice would be served my brother death was ruled unintentional man slauter . the man who did this told the doctors and the police that my brother fell down the steps and broke his neck , and at that time his death was ruled in accident. what i saw when i was 7 years old was the man picked my brother up by his anckles and pounded his head aginst the floor about 15 to 20 times , and then he spun him in circles and let him go his head hit the wall and he died from a blow to the temple . he then took him to the hospital where he was prononced dead . i lived my life thinking that this did not have any ill effects on my life .until i was 32 years old . it was then that i realized what happened . i went to the police and told them what happened . one of them thought i killed my brother . i cant tell you how much it hurts to know that the man that killed my brother got away with murder . i dont know how i live with myself , because in 1962 i lied for the man who killed my brother . he smacked me in the head and told me to tell the police that my brother
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ROBB CORLESS
Singer/Songwriter
08:03 PM on 04/20/2012
Bruce that is a hard thing for anyone to live with..So where is the guy now...Peace to you and your brother...I'd be looking for him..Just saying
08:45 PM on 04/21/2012
he died last year but God knows what he did . thanks all beleive that your children are telling the truth i told my mom and dad 2 weeks after this happened . thank you
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Susan Shaffer
watching you...
09:11 PM on 04/20/2012
sorry to hear that. This is the thing. Kids get molested or abused and they don't know their rights. Kids get intimidated all the time so I wouldn't be too hard on yourself. I lied to protect people who hurt me. I was in my late 20s when I finally challenged these people. They went into denial. These people who do these sorts of things are weak. They pick on someone weaker than themselves and unfortuately that is children.
08:48 PM on 04/21/2012
thank you alwsys believe your children
03:12 PM on 04/20/2012
this story made me so sad...once you have a child, cases like this reach a whole other level in your mind. i hope that his family will get closure out of this, even though that wouldnt change any of the feelings they have toward theyre son, or the monster who commited this crime. so sad.
02:18 PM on 04/20/2012
When are we going to start demanding the death penalty for child molesters in this country and why is Ramos getting out of prison at all? So after 20 years of a sentence for which he probably served 10, he can go out and start molesting some other 8 yr. old boy too? Where's the legal system when you need it? Ridiculous sentence and I am appalled, as is the now 28 yr. old man that this man, that Ramos molested that Ramos is getting out of prison in November. Will the DA in that county try to charge him further to keep him in jail? At least get a psychiatrist to deem him an extreme danger to the community and require further lock up!
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Amanda Matthews
04:10 PM on 04/21/2012
Death penalty for child molesters? So, when in situations like say the McMartin daycare case, we execute the entire family. Who do we apologize to when we find out the whole thing was a damn lie?
01:16 PM on 04/20/2012
This case is so disturbing to me. I used to walk home from school in the 70s when I was six. Things sure have changed because of sick people roaming our world.
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gemzenith
03:03 PM on 04/20/2012
I remember walking to the babysitters by myself when I was in kindergarten...that was in the '60's.My Mom was a working mom before it was the norm. I was also a latchkey kid at 9 years of age.
04:00 PM on 04/20/2012
Exactly. Parents thought we were safe. I can't imagine now letting someone so young walk alone.
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Susan Shaffer
watching you...
06:16 PM on 04/20/2012
yeah me too. my mother lied about my age to get me into school early. I started at 4. She put a clock in the window locked me outside and told me how to read time and when to leave to go to school. She gave me money for the bus, in fact it took 2 buses to get to school. I was too shy to ask to be let off and ended up back at the bus depot. I found it less stressful to walk. it was 2km to school.
One day the clock fell off the window sill. Although I could read time I had no concept of time. I had no idea of when to leave for school. I developed a strategy to have a best friend and go to their home before and after school.
As stressful as I will admit those early years were, I became quite an independent child and young adult. I went to college at 16 in another country. No fear.
It is manditory that my kids are dropped and picked to school until grade 3. I think that will continue until they are grade 7. I did have some unpleasant things happen to me that I don't want to discuss. Kids are not cut out to out think an older person.
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rewith85man
Expressing Who I Am
05:53 PM on 04/22/2012
Well, kids cannot be safe alone or even with a random person. Parents really have to protect them, even if it means overprotecting them.

There are some sickos out there.
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madcityy
12:23 PM on 04/20/2012
the man that killed thuis kid s/b hung slowlyyyyyyyyyyyyyyyyyyyyyyyyyy
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bikelady1
Believe 1/2 of what u see, nothing of what u hear
11:11 AM on 04/20/2012
I dont understand why they didnt do all this 30 years ago with the dog if they had questions about the basement access to the street. Guess better late than never.
01:04 PM on 04/20/2012
I was wondering the same thing. If it was recent, they wouldn't even have needed cadaver dogs. A human would have recognized the smell of human remains.
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Bebe36
Grateful for every day.
06:21 PM on 04/20/2012
The police asked to dig up the concrete when it was first poured, shortly after Etan disappeared, and the handyman (Miller?) said only if the police agreed to re-pour it.

So I guess it was a matter of money or not wanting to go to the trouble.

Sad and shortsighted, it may turn out.
10:33 AM on 04/20/2012
I'm praying for peace for Etan's parents. I could never EVER imagine losing any of my children. May God grant them the strength to get through their lives as well as help law enforcement find this child's body.
03:13 PM on 04/20/2012
im right there with you. losing a child would be the worst thing that could happen to me in my mind. they are unbelievably strong people.