Pedro Hernandez Retrial Scheduled in Etan Patz Case Following Overturned Conviction

Wed Nov 26 2025 04:44:09 GMT+0200 (Eastern European Standard Time)

The long-standing case of missing child Etan Patz is set for a third trial as New York prosecutors proceed against Pedro Hernandez, whose prior conviction was overturned. The case raises questions about justice and memory, with a looming deadline for jury selection.

In the 1979 case of missing child Etan Patz, prosecutors have announced their intention to retry Pedro Hernandez after his earlier conviction was overturned. The case, which remains one of the most notorious child abduction cases in US history, will challenge legal definitions of evidence and witness reliability as it heads to trial again. With various witnesses possibly being called back and complex legal arguments regarding Hernandez's confessions, the upcoming trial promises to draw significant public attention, with a decision needed by June 1.

NEW YORK (AP) — In a moment that marks a new chapter in the infamous 1979 case of missing child Etan Patz, New York prosecutors have announced their commitment to retry Pedro Hernandez, whose previous conviction was recently overturned.

The revelation comes as authorities face the daunting task of reconstructing a case that has been mired in ambiguity and shifting narratives for decades. Hernandez, now 64, is accused of luring and murdering six-year-old Etan as he walked to his school bus stop in a case that changed the landscape of child safety and law enforcement in America.

Manhattan Assistant District Attorney Sarah Marquez stated, “After thorough review, the district attorney has determined that the available, admissible evidence supports prosecuting Hernandez on murder and kidnapping charges," assuring that prosecutors are ready to move forward.

Hernandez's defense team expressed disappointment, maintaining their belief in his innocence, but they have promised to mount a formidable defense in the retrial. The need for a fresh jury selection must commence by June 1, otherwise he risks being released from custody.

Etan's disappearance on May 25, 1979, which occurred on the first day he was allowed to walk to the bus stop alone, earned national attention and has produced widespread advocacy for children’s safety. His image famously appeared on milk cartons, paving the way for new protocols in managing cases of missing children.

The case against Hernandez has ebbed and flowed over the years, with investigators only identifying him as a suspect decades after the incident based on his inconsistent admissions regarding past violence. Hernandez famously confessed to strangling Etan after enticing him into his store; however, his defense has claimed that such admissions were the product of coercive police practices.

Hernandez's conviction during a 2017 retrial was overturned on appeal due to significant prosecutorial missteps related to how jurors were instructed on evaluating his confessions. A federal appeals court noted that jurors should have been informed about the nuances of the admissions they were considering. If the retrial does not proceed as mandated, Hernandez may be released, which gives the case a pressing timeline as it approaches another round in court.