The Second Circuit Court of Appeals has ruled that Pedro Hernandez, convicted in the murder of Etan Patz, is entitled to a new trial due to jury instruction errors that may have affected his conviction. Hernandez's case, which has remained a significant point of concern in child welfare discussions, will be revisited, offering a fresh opportunity for justice.
Court Grants New Trial in Etan Patz's 1979 Disappearance Case

Court Grants New Trial in Etan Patz's 1979 Disappearance Case
A US appeals court orders a retrial for the man convicted of the infamous case involving six-year-old Etan Patz, citing improper jury instructions.
In a landmark decision, a US appeals court has determined that Pedro Hernandez, who was convicted of murdering six-year-old Etan Patz—one of America's most noted missing children's cases—deserves a new trial or must be released. Etan was last seen on his way to catch a school bus in Manhattan back in 1979, an incident that traumatized the locality and highlighted the plight of missing children with nationwide campaigns utilizing his image.
Hernandez, the proprietor of a local convenience store, had been found guilty in 2017 after a previous trial in 2015 resulted in a hung jury. His conviction was largely based on his confession, where he claimed to have lured Etan to a basement with promises of refreshments before committing the act. The appeal contended that the jury received flawed directions, contradicting established US Supreme Court laws and potentially impacting their decision.
The appeals court noted that Hernandez has a documented history of mental health issues and low cognitive abilities, and raised concerns regarding the nature and manner of his confession, which was elicited after an extensive seven-hour police interrogation before his rights were communicated and recorded formally.
During the second trial, jurors sought clarification on whether they could ignore Hernandez's later confessions should they deem his initial admission involuntary. The judge's reply was to instruct that they could not, a ruling the appeals court found to be inconsistent with legal standards.
Hernandez's defense attorney, Harvey Fishbein, expressed gratitude over the court's decision, urging the Manhattan District Attorney's Office to reconsider the charges against Hernandez and redirect their focus on locating the true responsible parties for Etan Patz's disappearance. The protracted case remains a haunting memory for many, reinforcing the importance of proper legal procedures in the pursuit of justice.