Overview
- U.S. District Judge Colleen McMahon ordered that jury selection must begin by June 1, 2026, or Pedro Hernandez must be released from custody.
- The order follows a July Second Circuit decision vacating Hernandez’s 2017 conviction over a flawed instruction responding to jurors’ questions about his confessions.
- The Manhattan District Attorney’s Office says it will petition the U.S. Supreme Court to review the appeals ruling and has not decided whether to retry the case.
- McMahon noted prosecutorial hurdles, including that only one member of the original trial team remains and that prosecutors must locate dozens of prior witnesses.
- The ruling states Hernandez may ask New York State Supreme Court to admit him to bail before any retrial.