New York City, November 26, 2025
The Manhattan District Attorney’s Office has decided to retry Pedro Hernandez for the 1979 kidnapping and murder of Etan Patz after a federal appeals court overturned his previous conviction. The DA’s office believes that there is sufficient admissible evidence to pursue the same charges. Hernandez was initially convicted in 2017 based on his confessions, despite lacking physical evidence. The new trial is set to begin by June 1, 2026, or Hernandez will be released. The case has significantly impacted public awareness regarding child abductions.
New York City
Manhattan District Attorney’s Office Announces Retrial of Pedro Hernandez in 1979 Etan Patz Case
The Manhattan District Attorney’s Office has declared its intention to retry Pedro Hernandez for the 1979 kidnapping and murder of 6-year-old Etan Patz. This decision follows the overturning of Hernandez’s previous conviction by a federal appeals court four months ago. The DA’s office stated that sufficient admissible evidence remains to pursue the same charges against Hernandez, a former deli worker near Patz’s SoHo home. Hernandez was initially convicted in 2017 based largely on his confessions during police interrogation, despite the absence of physical evidence. The Second Circuit Court of Appeals overturned the conviction due to improper jury instructions regarding the evaluation of Hernandez’s self-incriminating statements made without legal counsel present. The DA’s office has confirmed its readiness to proceed with a third trial, which must commence by June 1, 2026, to keep Hernandez, now in his mid-60s, in custody. Additionally, prosecutors intend to appeal the ruling to the U.S. Supreme Court. The case, one of America’s most infamous missing child incidents, initially garnered national attention and helped catalyze public awareness about child abductions.
Background of the Case
Etan Patz disappeared on May 25, 1979, while walking alone to his school bus stop in Manhattan’s SoHo neighborhood. His case became one of the first missing children to be featured on milk cartons, raising national awareness about child abductions. Hernandez, then 18 and working in a bodega near the bus stop, was arrested in 2012 after confessing to the crime. However, his defense argued that the confession was false, coerced, and influenced by his mental illness and low IQ. The first trial in 2015 ended in a hung jury, but a second trial in 2017 resulted in a conviction and a 25-year-to-life sentence. In July 2025, a federal appeals court overturned the conviction, citing errors in jury instructions. The Manhattan DA’s Office has now decided to proceed with a third trial, with jury selection required to begin by June 1, 2026, or Hernandez must be released from custody.
Legal Proceedings and Future Steps
Following the federal appeals court’s decision, the Manhattan District Attorney’s Office has expressed its intention to retry Hernandez. The DA’s office has determined that the available, admissible evidence supports prosecuting Hernandez on charges of second-degree murder and first-degree kidnapping. Hernandez’s defense attorneys have expressed deep disappointment in the decision to proceed with a third trial, maintaining their client’s innocence and preparing a stronger defense. Under federal court rulings, jury selection for the retrial must begin by June 1, 2026, or Hernandez must be released from prison. The case continues to draw attention due to its historical significance and the ongoing pursuit of justice for Etan Patz.
Impact on Public Awareness and Legal Reforms
The disappearance of Etan Patz in 1979 had a profound impact on public awareness regarding missing children. His case was among the first to be featured on milk cartons, leading to increased vigilance and reporting of missing children nationwide. The case also contributed to legal reforms, including the establishment of the National Center for Missing & Exploited Children and the implementation of stricter laws concerning child abductions. The ongoing legal proceedings in the Hernandez case continue to highlight the complexities involved in prosecuting cold cases and the importance of ensuring fair trials.
Frequently Asked Questions (FAQ)
What is the current status of Pedro Hernandez’s conviction in the Etan Patz case?
The Manhattan District Attorney’s Office has announced its intention to retry Pedro Hernandez for the 1979 kidnapping and murder of 6-year-old Etan Patz. This decision follows the overturning of Hernandez’s previous conviction by a federal appeals court four months ago. The DA’s office stated that sufficient admissible evidence remains to pursue the same charges against Hernandez, a former deli worker near Patz’s SoHo home. Hernandez was initially convicted in 2017 based largely on his confessions during police interrogation, despite the absence of physical evidence. The Second Circuit Court of Appeals overturned the conviction due to improper jury instructions regarding the evaluation of Hernandez’s self-incriminating statements made without legal counsel present. The DA’s office has confirmed its readiness to proceed with a third trial, which must commence by June 1, 2026, to keep Hernandez, now in his mid-60s, in custody. Additionally, prosecutors intend to appeal the ruling to the U.S. Supreme Court. The case, one of America’s most infamous missing child incidents, initially garnered national attention and helped catalyze public awareness about child abductions.
What was the outcome of the previous trials of Pedro Hernandez?
Pedro Hernandez was initially convicted in 2017 based largely on his confessions during police interrogation, despite the absence of physical evidence. The Second Circuit Court of Appeals overturned the conviction due to improper jury instructions regarding the evaluation of Hernandez’s self-incriminating statements made without legal counsel present. The DA’s office has confirmed its readiness to proceed with a third trial, which must commence by June 1, 2026, to keep Hernandez in custody. Additionally, prosecutors intend to appeal the ruling to the U.S. Supreme Court. The case, one of America’s most infamous missing child incidents, initially garnered national attention and helped catalyze public awareness about child abductions.
What is the deadline for the retrial of Pedro Hernandez?
The Manhattan District Attorney’s Office has confirmed its readiness to proceed with a third trial, which must commence by June 1, 2026, or Hernandez must be released from prison. The case, one of America’s most infamous missing child incidents, initially garnered national attention and helped catalyze public awareness about child abductions.
What impact did Etan Patz’s disappearance have on public awareness?
The disappearance of Etan Patz in 1979 had a profound impact on public awareness regarding missing children. His case was among the first to be featured on milk cartons, leading to increased vigilance and reporting of missing children nationwide. The case also contributed to legal reforms, including the establishment of the National Center for Missing & Exploited Children and the implementation of stricter laws concerning child abductions. The ongoing legal proceedings in the Hernandez case continue to highlight the complexities involved in prosecuting cold cases and the importance of ensuring fair trials.
Key Features of the Etan Patz Case and Retrial
| Feature | Details |
|---|---|
| Initial Conviction | Pedro Hernandez was convicted in 2017 for the kidnapping and murder of Etan Patz, based largely on his confessions during police interrogation, despite the absence of physical evidence. |
| Appeals Court Decision | In July 2025, a federal appeals court overturned Hernandez’s conviction, citing improper jury instructions regarding the evaluation of his self-incriminating statements made without legal counsel present. |
| Manhattan DA’s Response | The Manhattan District Attorney’s Office has announced its intention to retry Hernandez, stating that sufficient admissible evidence remains to pursue the same charges. The retrial must commence by June 1, 2026, or Hernandez must be released from custody. |
| Impact on Public Awareness | Etan Patz’s disappearance in 1979 became one of the first missing children cases to be featured on milk cartons, leading to increased public awareness and legal reforms concerning child abductions. |
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