Manhattan DA to Retry Pedro Hernandez in 1979 Etan Patz Case

The Manhattan District Attorney’s Office has announced plans to retry Pedro Hernandez, who was previously convicted of kidnapping and murdering 6-year-old Etan Patz decades ago.

Etan vanished in 1979 while walking alone to a bus stop in New York for the first time, marking one of the earliest cases of a missing child featured on a milk carton.

Hernandez confessed to the crime nearly 30 years later, leading to his conviction in 2017 and a 25-year prison sentence. His initial trial resulted in a hung jury back in 2015.

Assistant District Attorney Sarah Marquez expressed that the available evidence justifies charging Hernandez with second-degree murder and first-degree kidnapping, noting that the public is ready to move forward with the case.

Hernandez’s attorneys, Harvey Fishbein and Alice Fontier, maintain his innocence and suggest that they will enhance their defense as they prepare for the upcoming trial.

This past July, the U.S. Court of Appeals for the Second Circuit overturned Hernandez’s conviction, criticizing the jury instructions given during the 2017 trial, which failed to adequately inform jurors about their options, including the potential to disregard Hernandez’s confession.

Previously, Hernandez admitted to police that he had lured Patz into the basement of the convenience store where he worked. Prosecutors allege that he strangled Patz, disposed of his body in a garbage bag, and hid it within a box among the trash.

The appellate court noted that the original trial judge had given “manifestly wrong” instructions, which could have led to prejudice against the defendant.

In October, U.S. District Judge Colleen McMahon set a deadline for Hernandez’s third trial by June 1, 2024, or he risks being released.

A court hearing is anticipated on December 1st.