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Manhattan Prosecutors Seek Supreme Court Review to Restore Hernandez Conviction in Etan Patz Case

They asked the 2nd Circuit to delay its July vacatur until the Oct. 20 petition deadline.

Overview

  • Prosecutors disclosed in a Sunday filing that they are committed to petitioning the U.S. Supreme Court to reinstate Pedro Hernandez’s 2017 murder conviction.
  • The Manhattan DA’s office urged the 2nd U.S. Circuit Court of Appeals to hold off on enforcing its July ruling before the Supreme Court filing deadline of Oct. 20.
  • The appeals panel vacated the conviction in July and ordered Hernandez retried within a reasonable period or freed if no new trial proceeds.
  • The 2nd Circuit had previously granted a 30‑day extension that expired Sunday, and it has not yet ruled on the new stay request.
  • Hernandez opposes a delay as his lawyers challenge the reliability of his confessions, while the appeals decision faulted the trial judge’s guidance to jurors on how to weigh multiple admissions.