Overview

• After a Tuesday hearing, Judge Colleen McMahon said she will take a few days to decide whether Pedro Hernandez should be released or proceed toward a new trial.
• The Second Circuit in July vacated Hernandez’s 2017 conviction, finding the trial judge’s jury instructions on his confession were clearly wrong and prejudicial, and ordered a retrial within a reasonable period or release.
• Manhattan prosecutors argue Hernandez should remain at Clinton Correctional Facility while the U.S. Supreme Court considers whether to review the appellate ruling, calling a third trial uniquely burdensome and noting preliminary preparation steps.
• Defense attorneys ask for a 30‑day deadline for prosecutors to declare a retrial or for immediate release, saying the overturned conviction relied on a confession they argue was unreliable due to mental illness.
• If federal release is ordered, Hernandez could be transferred to New York City custody for a separate state bail decision; Etan Patz’s body was never found and no physical evidence linked Hernandez at trial.