Pedro Hernandez Lawyer: New Jurors In Etan Patz Retrial Knew Old Jurors Were In Court

NEW YORK (CBSNewYork/AP) -- Lawyers for the man convicted in a retrial of killing 6-year-old Etan Patz in 1979 say the verdict should be thrown out because the new jury knew members of the first jury were in court.

Alice Fontier said in court papers filed Wednesday that her client Pedro Hernandez could not have gotten a fair trial. She said one juror deliberating at the retrial and one alternate juror knew about former jurors who attended proceedings and sat with Stan Patz, Etan's father.

Hernandez was convicted of murder on February 14.

Etan's case captivated the nation. He was one of the first children to be pictured on milk cartons after he vanished May 25, 1979 on his way to school.

Fontier said a court officer told the new jury that the old jury was there.