A jury will be allowed to consider a confession by a suspect with a low IQ who is accused of killing a 6-year-old boy more than three decades ago , a judge ruled Monday . In May 2012 , Pedro Hernandez told police that he choked Etan Patz to death in New York City in 1979 , police say . Hernandez 's attorney , Harvey Fishbein , argued that his client falsely confessed and the statements were not reliable because Hernandez had been repeatedly diagnosed with schizophrenia and has an `` IQ in the borderline-to-mild mental retardation range . '' The statements in question were made during three events across two days in May 2012 : a 7½-hour interrogation , a 20-minute videotape of the statement following the interrogation , and a statement made at the district attorney 's office the next morning , Fishbein said . `` I think anyone who sees these confessions will understand that when the police were finished , Mr. Hernandez believed he had killed Etan Patz . But that does n't mean he actually did and that 's the whole point of this case , '' Fishbein told CNN affiliate NY1 . But Judge Maxwell Wiley ruled Monday that the confession was admissible , writing that Hernandez 's waiver of Miranda rights was `` knowing and intelligent , '' according to court documents . Wiley cited reports of two forensic psychology experts who met with Hernandez and determined he was `` in fact capable of knowingly waiving his rights , '' the decision said . The two experts agreed that `` although the defendant has a very low IQ , that alone does not necessarily prevent a person from understanding Miranda warnings and making a knowing and intelligent waiver of his rights , '' court documents said . Fast Facts : Missing children in the U.S. Hernandez admitted to luring Etan , who was en route to a school bus stop , into the basement of a bodega where he worked as a stock clerk and killing him , according to police . The boy 's body was put in a garbage bag and thrown away , Hernandez allegedly told authorities . The remains were never found . The Patz case garnered national attention after the boy went missing , and his picture was plastered on thousands of milk cartons around the country . Fishbein told CNN that although the jury will be able to consider the confession , it is now up to them to decide if it is truly reliable or not . In November 2012 , a grand jury indicted Hernandez on second-degree murder and kidnapping charges . He pleaded not guilty in court the following month . The trial is set to begin January 5 , Fishbein said . Who is Pedro Hernandez ?
Jury will be allowed to hear Pedro Hernandez 's confession to killing Etan Patz in 1979 . Comment: Judge says low IQ does not mean Hernandez did n't understand his rights . Trial set to begin January 5 .