Prosecutors in New York have given the green light for a third trial against 64-year-old Pedro Hernandez, who stands accused of abducting and killing 6-year-old Etan Patz back in 1979 — a case that deeply unsettled the nation. More than four decades after the boy vanished while walking alone to his school bus stop, the decision signals a renewed effort to bring closure to a shadowy case that has lingered for generations.
Why the Case Is Being Retried
- In July 2025, a federal appeals court overturned Hernandez’s 2017 conviction, citing flawed instructions given to the jury about how to treat his confession.
- Despite the overturned verdict, prosecutors from the office of Alvin Bragg determined that the admissible evidence still supports charges of second-degree murder and first-degree kidnapping — and filed a notice confirming they are ready to proceed.
- Under a court order, jury selection for the new trial must begin no later than June 1, 2026 — otherwise Hernandez could be released from custody.
Background: A Disappearance That Shook the Nation
The case dates back to May 25, 1979, when 6-year-old Etan Patz vanished in the SoHo neighborhood of Lower Manhattan. It was his first time walking alone to the bus stop — and he was never seen again. The disappearance made national headlines and made Etan one of the first children to appear on milk cartons as part of a campaign to raise awareness about missing children.
Decades later, in 2012, Hernandez — a former convenience-store clerk who worked near the bus stop — became a suspect. He confessed in a video-recorded statement, claiming he lured the boy into the store basement with a promise of soda, then strangled him. But investigators never recovered Etan’s body, and no physical evidence directly tied Hernandez to the crime.
Hernandez’s first trial in 2015 resulted in a hung jury. In a 2017 retrial, he was convicted and sentenced to 25 years to life — only for that verdict to be overturned in mid-2025 due to legal errors.
What’s Next: A Third Trial — Or Release
With the decision to retry Hernandez, prosecutors must prepare anew: re-interview witnesses, reconstruct old leads, and present the case before a fresh jury. Yet the case remains complicated by the lack of physical evidence and the fact that Etan’s body has never been found.
For Hernandez’s defense team, the stakes remain high. They insist his original confession was false — the product of mental illness, pressure, and confusion — and vow to mount a strong defense if the trial proceeds.
A status hearing is scheduled soon. Unless the new jury is seated by June 1, 2026, Hernandez could be freed — a possibility that makes this retrial a race against time for prosecutors.
