A federal judge has ordered Pedro Hernandez, the convicted killer of 6-year-old Etan Patz, to face a third trial by June 1 or be released from custody. The decision comes after the 2nd U.S. Circuit Court of Appeals overturned Hernandez’s earlier conviction in 2017, finding that the trial judge provided incorrect jury instructions regarding the handling of his confessions. The judge, Colleen McMahon of Manhattan’s federal district court, emphasized the need for a timely retrial, with the ultimatum that Hernandez would be released if no trial is scheduled by the June deadline.
Originally, Hernandez was tried in 2016 and faced a hung jury, meaning the jury could not reach a verdict. A second trial ended in a conviction, but this was later overturned by the appeals court. The appeals court ruled that the jury was not adequately informed about the implications of Hernandez’s confessions, particularly whether they could disregard the earlier confession before Miranda rights were explained. The judge’s response to the jury’s question was deemed incorrect, leading to the reversal of the conviction.
Hernandez, who confessed to police five years before his conviction, admitted to luring Etan Patz into the basement of the convenience store where he worked. He was sentenced to 25 years to life in prison, but the conviction was overturned, forcing the legal process to restart. His defense team argued that he is mentally unstable and unable to distinguish truth from fiction. They also pointed to another man, a convicted Pennsylvania child molester, as the likely perpetrator, though he was never formally charged with the crime.
Prosecutors, however, continue to push for a retrial, with Manhattan District Attorney Alvin Bragg’s office stating they likely won’t know for three months if they will pursue another trial. They have also requested the U.S. Supreme Court to review the case, though Judge McMahon noted her role is merely to set the deadline and not to predict the court’s actions. The situation remains complex, with Hernandez’s legal fate hanging on the outcome of the retrial or the court’s decision on the appeal.
The case has drawn attention as one of the most infamous child murders in U.S. history, with Etan Patz becoming a symbol of the missing children movement. The reversal of the conviction has sparked discussions about the reliability of confessions in criminal trials and the importance of proper jury instructions in ensuring fair judicial processes. As the legal battle continues, the public and families of the victims will await the outcome with bated breath.