A federal judge stated on Friday that Pedro Hernandez, who was convicted eight years ago for the murder of the first child to appear on a milk carton in 1979, must be released unless he is retried by June of the following year. Hernandez was found guilty in 2017 for the kidnapping and murder of 6-year-old Etan Patz, who was on his way to a bus stop at the time. He received a 25-year prison sentence, but that sentence was overturned last July.
Judge Colleen McMahon, presiding over the U.S. District Court in Manhattan, ruled that Hernandez is entitled to a third trial by June 1, or he would have to be set free. Important to note, his first trial did not reach a verdict as the jury was hung.
Earlier this week, Hernandez’s legal team requested a clear release date if prosecutors fail to retrial him. In a significant decision, the U.S. Court of Appeals for the Second Circuit reversed his previous conviction, arguing that the jury hadn’t been properly informed about their choices, specifically the option to disregard Hernandez’s confession.
Five years prior to his conviction, Hernandez had reportedly confessed to luring Patz into the basement of a convenience store where he worked, using soda. According to prosecutors, Hernandez strangled Etan and concealed his body in a plastic bag within a box, disposing of it as trash.
The Appeals Court ruled that the trial judge had provided jurors with incorrect and prejudicial guidance when they inquired about the implications of dismissing a suspect’s confession. Specifically, during their deliberations, they sought clarification on whether dismissing Hernandez’s initial confession would also affect subsequent confessions made after he had been read his Miranda rights.
The jury received a “no” response, but the appeals court deemed that answer erroneous. Hernandez’s confession came after police were led to him by his brother-in-law, who suggested that he was a potential suspect, claiming Hernandez had admitted to killing a child in a prayer group decades earlier.
Furthermore, Hernandez’s defense argued that he was mentally unstable, possessed a low IQ, and struggled to differentiate between reality and fantasy. They also highlighted another long-time suspect, a Pennsylvania child molester who had been involved in a similar case in the 1990s, yet he was never charged and denied any connection to the boy’s disappearance.
Matthew Colangelo, a prosecutor in Manhattan’s District Attorney Alvin Bragg’s office, indicated that it may take up to three months to determine whether the prosecution will pursue a new trial. Additionally, they are considering appealing to the U.S. Supreme Court to review the decision that reversed Hernandez’s conviction.
Judge McMahon stated, “It is not my job to read the leaves or make predictions… My order simply establishes a deadline by which any trial must commence and stipulates that Hernandez must be released if a retrial is not initiated by that date.”
