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Appeals Court Orders Retrial or Release of Pedro Hernandez in Etan Patz Case

The Second Circuit said jurors were misled by incorrect instructions on the voluntariness of Hernandez’s confessions

A newspaper with a photograph of Etan Patz is seen on May 28, 2012, at a makeshift memorial in the SoHo neighborhood of New York, where Patz lived before his disappearance on May 25, 1979. Inset: In this Nov. 15, 2012, file photo, Pedro Hernandez appears in Manhattan criminal court in New York.
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Stanly Patz with a photo of his son Etan.
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Overview

  • The appeals panel vacated Hernandez’s 2017 conviction for the 1979 kidnapping and murder of six-year-old Etan Patz, finding a jury instruction error prejudicial to his defense.
  • Judges ruled that the trial court incorrectly told jurors they could consider later confessions even if an initial, pre-Miranda statement was involuntary.
  • Hernandez’s conviction hinged entirely on his own statements in the absence of any physical evidence linking him to Patz’s disappearance.
  • Court documents note Hernandez’s low IQ and history of mental illness raised questions about the voluntariness of his lengthy interrogations.
  • The Second Circuit directed that Hernandez be retried or released within a reasonable timeframe as prosecutors determine their next steps.