A federal judge will deliberate on Tuesday regarding the potential release of a former New York City warehouse clerk, whose murder conviction was overturned in the notable 1979 case involving the disappearance of young Etan Patz.
Pedro Hernandez, 64, is seeking release from state prison following a July ruling by an appeals court, which stated he could be released unless the Manhattan district attorney’s office sets a new trial date within a “reasonable” timeframe.
Judge Colleen McMahon will hear arguments from both sides in a Manhattan federal court on Tuesday afternoon, although it remains uncertain if Hernandez will face a third trial regarding the case.
Prosecutors oppose his release, insisting he should remain at Clinton Correctional Facility until the U.S. Supreme Court decides whether to review their appeal to reinstate the conviction.
They mentioned that they have begun preparations for a potentially challenging third trial. However, Manhattan District Attorney Alvin Bragg has yet to make clear whether he will pursue retrial of the decades-old case initiated by his predecessor, Cy Vance.
“Testifying at the retrial will be particularly demanding for the victims’ families, who will have to relive deeply traumatic moments,” Assistant District Attorney Matthew Colangelo remarked in court documents last week.
Since Etan vanished from the SoHo streets on May 25, 1979, the case has left authorities puzzled and captivated the nation for years. I still remember how it felt when my parents first let me walk to the bus stop alone.
Etan was among the first missing children to be featured on milk cartons, and the date of his disappearance is now recognized as National Missing Children Day.
His remains were never found, and there was no physical evidence linking Hernandez to the crime.
Still, Hernandez recorded a disturbing confession where he claimed to have lured the 6-year-old boy to the basement of a Manhattan mall, enticing him with soda, before strangling him.
Hernandez’s defense team argues he was wrongly convicted after spending 13 years in prison, primarily due to this confession, which they assert arose from his mental health issues.
In July, the Second Circuit Court of Appeals overturned the ruling against Hernandez, determining that the jury instructions given during his 2017 trial were flawed, potentially influencing the verdict.
Even if the judge decides to release Hernandez following Tuesday’s discussions, he might still remain incarcerated, as he would be handed over to the city Department of Corrections to face a separate bail hearing in state court.
Hernandez became a suspect in 2012 after police received a tip that he had claimed to members of a prayer group that he had killed a child in New York.
His initial trial in 2015 ended in a hung jury. In the 2017 retrial, he was convicted of kidnapping and murder, receiving a sentence of 25 years to life.
