Homicide

Judge will decide whether confession tapes will be allowed at trial in missing NYC boy case

  • FILE - In this Nov. 15, 2012 file photo, Pedro Hernandez, right, appears in Manhattan criminal court with his attorney Harvey Fishbein, in New York. Circumstances of Hernandez' confession are set to be scrutinized at a hearing to determine whether his statements are fair game for trial -- a question that rests partly on whether he was mentally capable of waiving his rights. (AP Photo/Louis Lanzano, Pool, File)

    FILE - In this Nov. 15, 2012 file photo, Pedro Hernandez, right, appears in Manhattan criminal court with his attorney Harvey Fishbein, in New York. Circumstances of Hernandez' confession are set to be scrutinized at a hearing to determine whether his statements are fair game for trial -- a question that rests partly on whether he was mentally capable of waiving his rights. (AP Photo/Louis Lanzano, Pool, File)  (The Associated Press)

  • Stan Patz, father of Etan Patz, leaves the courthouse during a break in New York, Monday, Sept. 15, 2014.  The videotaped confession of Pedro Hernandez, who admitted killing 6-year-old Etan Patz in 1979, is expected to be played in court as a Manhattan judge determines whether it is fair game for the suspect's murder trial. The hearing that begins Monday is expected to last several weeks to determine whether Pedro Hernandez's statements are admissible in the case. (AP Photo/Seth Wenig)

    Stan Patz, father of Etan Patz, leaves the courthouse during a break in New York, Monday, Sept. 15, 2014. The videotaped confession of Pedro Hernandez, who admitted killing 6-year-old Etan Patz in 1979, is expected to be played in court as a Manhattan judge determines whether it is fair game for the suspect's murder trial. The hearing that begins Monday is expected to last several weeks to determine whether Pedro Hernandez's statements are admissible in the case. (AP Photo/Seth Wenig)  (The Associated Press)

  • Stan Patz, father of Etan Patz, center, returns to the courtroom after a break in New York, Monday, Sept. 15, 2014. The videotaped confession of Pedro Hernandez, who admitted killing 6-year-old Etan Patz in 1979, is expected to be played in court as a Manhattan judge determines whether it is fair game for the suspect's murder trial. The hearing that begins Monday is expected to last several weeks to determine whether Pedro Hernandez's statements are admissible in the case. (AP Photo/Seth Wenig)

    Stan Patz, father of Etan Patz, center, returns to the courtroom after a break in New York, Monday, Sept. 15, 2014. The videotaped confession of Pedro Hernandez, who admitted killing 6-year-old Etan Patz in 1979, is expected to be played in court as a Manhattan judge determines whether it is fair game for the suspect's murder trial. The hearing that begins Monday is expected to last several weeks to determine whether Pedro Hernandez's statements are admissible in the case. (AP Photo/Seth Wenig)  (The Associated Press)

A Manhattan judge must decide whether to allow the videotaped confession of a man charged with murder in the death of a 1979 missing boy.

The hearing begins Monday and is expected to last several weeks.

A lawyer for Pedro Hernandez says his confession was wrongly obtained. He says in court papers that his client lacks the mental ability to understand his rights. Prosecutors have argued the confession was legally obtained.

Etan Patz (AY'-tahn payts) disappeared on May 25, 1979 walking to school. His body has never been found. Hernandez was charged with the crime two years ago after he confessed, but pleaded not guilty. His attorney Harvey Fishbein says the confession is false.

The hearing will determine whether the confession is admissible in court, not whether it's true.