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Second Circuit Overturns Conviction and Orders New Trial in Etan Patz Case

The court found that improper jury guidance on Hernandez’s disputed confessions violated federal law

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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)

Overview

  • A three-judge panel of the Second Circuit issued its decision on July 21, vacating Hernandez’s 2017 conviction and mandating a new trial or his release unless retried promptly.
  • The appeals court concluded that the trial judge’s response to a jury note about confessions given before and after Miranda warnings was manifestly prejudicial.
  • Hernandez’s conviction hinged entirely on his 2012 interrogation statements, which his attorneys argue were false and driven by his mental illness and low IQ.
  • Manhattan District Attorney Alvin Bragg’s office is reviewing the ruling to determine whether to seek a new trial or release Hernandez.
  • Etan Patz’s 1979 disappearance spurred landmark missing-children reforms, including milk-carton alerts, a national hotline and National Missing Children’s Day.