Particle.news

Download on the App Store

Appeals Court Vacates Conviction in Etan Patz Case

Prosecutors now must decide whether to retry Hernandez under new jury instructions or release him.

Image
People walk past a street shrine to six-year-old Etan Patz, who went missing in 1979, set in front of the building where suspect Pedro Hernandez confessed to having strangled the boy in New York on May 29, 2012. (EMMANUEL DUNAND/AFP/GettyImages)
U.S. flag and Judge gavel are seen in this illustration taken, August 6, 2024. REUTERS/Dado Ruvic/Illustration

Overview

  • Federal appeals court found the 2017 trial judge gave “manifestly prejudicial” instructions on Hernandez’s confessions, violating clearly established law.
  • Jurors were misinformed about the validity of Hernandez’s statements, which he made during a seven-hour interrogation both before and after Miranda warnings.
  • The court ordered Hernandez to be retried within a reasonable period or released unless the state initiates new proceedings.
  • The Manhattan District Attorney’s office is reviewing the ruling to determine whether to pursue a new trial or drop the charges.
  • Etan Patz’s 1979 disappearance led to national reforms including the National Center for Missing & Exploited Children, the AMBER Alert system and National Missing Children’s Day.