Prosecutors and defense lawyers gearing up for the retrial of Pedro Hernandez in the 1979 murder of Etan Patz were at each others’ throats during a Wednesday court hearing as they argued whether or not former lead prosecutor Joan Illuzzi — who stepped down to run for Staten Island DA but has since returned to the Manhattan DA’s Office — should be barred from having any public role in the case.
“She used the defendant for her own personal advances,” defense attorney Harvey Fishbein argued, noting a TV interview in which Illuzzi discussed the case during her failed bid for DA. “As a lawyer, she shouldn’t have done that.”
But veteran prosecutor Joel Seidemann said that Fishbein was being a “hypocrite,” given his frequent public discussion of the case.
“That’s just the greatest hits of Fishbein’s daily show,” Seidemann snarked after showing the court a series of clips of the defense attorney appearing on TV.
He said that by the defense attorney’s logic, “Mr. Fishbein should be knocked off the case before we get started.”
Judge Maxwell Wiley said he’ll have a decision by the next hearing, on Jan. 26, on whether Illuzzi may return to the case.
“I’m thrilled to be back doing this important work,” Illuzzi said as she left court.