A New York appeals court decisively concluded that Pedro Hernandez, convicted of the 1979 murder of Etan Patz, deserves a new trial due to improper jury instructions that violated legal precedent.
New Trial Ordered for Convicted Killer in Etan Patz Case

New Trial Ordered for Convicted Killer in Etan Patz Case
US appeals court rules on crucial legal errors in the case of the 1979 disappearance of six-year-old Etan Patz.
In a pivotal ruling, the Second Circuit Court of Appeals has ordered a new trial for Pedro Hernandez, who was sentenced in 2017 for the murder and disappearance of six-year-old Etan Patz in 1979. Patz vanished while on his way to a school bus stop in Manhattan, a case that sparked a nationwide campaign for missing children and left a lasting imprint on the community.
Hernandez, a convenience store owner, initially confessed to luring Patz to a basement and assaulting him; however, his first trial in 2015 ended in a hung jury. The appeals court's decision came after Hernandez's legal team argued that the jury received misleading instructions that compromised their ability to fairly evaluate his confessions.
The court recognized serious issues relating to the integrity of Hernandez's confessions, underscoring his documented mental health challenges and low IQ. Specifically, the court noted that he had confessed after hours of unwarned questioning from police officers. Although he later re-stated his confession after being read his Miranda rights, the jury received unexpected guidance that instructed them not to disregard his subsequent confessions regardless of how they assessed the initial one’s voluntariness.
In dismissing Hernandez's conviction for intentional murder while convicting him of felony murder and kidnapping, the jury adhered to the state judge’s unclear directions. “We conclude that the state trial court contradicted clearly established federal law and that this error was not harmless,” stated the appellate court.
Hernandez's attorney, Harvey Fishbein, expressed gratitude for the decision, emphasizing the need for the Manhattan District Attorney's office to shift focus towards finding the true culprits behind Patz's disappearance. The Manhattan District Attorney's office has confirmed that they are reviewing the recent ruling.
As the case of Etan Patz continues to resonate with both family and community members, this latest development may bring new attention to a case that has evaded resolution for decades.