Overview
- Prosecutors notified the court they will proceed against Pedro Hernandez on second-degree murder and first-degree kidnapping charges and said they are prepared to try the case again.
- A court conference is scheduled for Dec. 1, and a federal order requires jury selection to start by June 1, 2026 for Hernandez to remain in custody.
- The Second Circuit overturned the 2017 verdict in July, finding the trial judge’s response to a jury question about Hernandez’s statements was clearly wrong and prejudicial.
- With no physical evidence tying Hernandez to Etan Patz’s 1979 disappearance, the case has relied heavily on his 2012 videotaped confession, which the defense says was coerced and unreliable given his low IQ and mental illness.
- Defense lawyers called the retrial decision disappointing and maintain Hernandez’s innocence, while prosecutors have indicated they may also seek U.S. Supreme Court review of the appellate ruling.