Monday

07-21-2025 Vol 2028

Federal Appeals Court Grants New Trial or Release for Pedro Hernandez in Etan Patz Case

A New York federal appeals court has ruled that Pedro Hernandez, the former stock clerk convicted in the notorious 1979 kidnapping and murder of 6-year-old Etan Patz, is entitled to a new trial or release from custody. This decision, delivered by a three-judge panel, overturned Hernandez’s conviction based on flawed jury instructions provided by the presiding judge during the trial.

Hernandez, now 64, was sentenced to 25 years to life in prison in 2017 after confessing to luring Patz into a basement in SoHo as the boy walked to his bus stop. The case, which sent shockwaves through New York City, also helped pioneer the national initiative to place missing children’s photographs on milk cartons.

The 51-page ruling emphasized significant legal errors during the trial, particularly in the way the judge responded to jury queries regarding Hernandez’s confessions. Hernandez’s defense argued that the confessions were coerced, stemming from a lengthy police interrogation of over seven hours prior to his Miranda rights being administered.

The appellate court found that the trial judge’s actions contradicted established federal law, stating that this error was not harmless. The judges highlighted the potential influence of Hernandez’s mental health issues and low IQ on his confessions, asserting that these factors were inadequately considered during the trial process.

In response to the ruling, a spokesperson from the Manhattan district attorney’s office indicated that they are currently reviewing the decision. Hernandez’s legal representation has long argued for his innocence, asserting that he has been imprisoned based on an erroneous conviction for over 13 years. They expressed gratitude for the court’s decision, urging the Manhattan District Attorney’s Office to drop charges and redirect their focus to the actual perpetrators behind Etan Patz’s disappearance.

The tragic case began on May 25, 1979, when Etan Patz vanished while walking two blocks from his home in Manhattan. His disappearance sparked a massive search in the SoHo neighborhood and became a pivotal moment in the history of missing children advocacy, marking one of the first times a child’s image was distributed on a milk carton.

Despite Etan being declared dead in 2001, investigations into his case persisted until authorities located Hernandez in May 2012, following a tip from his brother-in-law. During his confession, Hernandez mentioned luring Patz with a soda before fatally choking him, placing the child’s body into a garbage bag, and later disposing of it in a nearby area.

At the core of the unresolved tensions in the trial was the absence of physical evidence linking Hernandez to the crime scene or substantiating his account of the events. The first trial in 2015 resulted in a hung jury after 18 days of deliberation. It wasn’t until the second trial in September 2016 that the prosecution heavily relied on Hernandez’s confessions, which were replayed multiple times during closing arguments.

As deliberations progressed, the jury expressed uncertainty, sending several notes to the court seeking clarification on the implications of Hernandez’s confessions. The trial court’s response—that the jury need not disregard subsequent confessions if an initial confession was deemed involuntary—was pivotal in guiding their ultimate decision.

After a difficult nine days of deliberation, the jury convicted Hernandez of felony murder and first-degree kidnapping but acquitted him of intentional murder.

This recent ruling by the federal appeals court follows a detailed examination of the proceedings, showing that the legal framework surrounding confessions and mental health considerations were not sufficiently addressed. The court’s ruling presents an opportunity for Hernandez to potentially reclaim his life after years of incarceration based on a conviction deemed legally flawed by the appellate judges.

With this ruling, the responsibilities turn to the Manhattan District Attorney’s Office as they evaluate the implications of retrying Hernandez or opting to release him. The ongoing quest for justice and closure in the Etan Patz case remains a focus for many, not only for those seeking answers but also for the family and advocates who have tirelessly pursued the truth behind Etan’s tragic fate.

image source from:nbcnews

Abigail Harper