The Manhattan District Attorney’s Office declared on Tuesday its intention to conduct a new trial for Pedro Hernandez, the individual previously convicted of the abduction and murder of a young boy more than 40 years ago.
In a tragic case that captured national attention, 6-year-old Etan Patz vanished in 1979 while making his first solo walk to a New York City bus stop. His disappearance marked a pivotal moment in history, leading to his being one of the earliest missing children to be featured on milk cartons.
Decades later, Hernandez admitted to the heinous act, and in 2017, he was sentenced to a term of 25 years to life for murder. This followed an earlier trial in 2015 that ended without a verdict due to a hung jury.
In a statement, Manhattan Assistant District Attorney Sarah Marquez emphasized the DA’s commitment to pursuing justice, saying, “The District Attorney has determined that the available, admissible evidence supports prosecuting defendant on the charges of Murder in the Second Degree and Kidnapping in the First Degree in this matter, and the People are prepared to proceed.”
Pedro Hernandez appeared with his lawyer, Harvey Fishbein, in Manhattan criminal court on November 15, 2012. (AP Photo/Louis Lanzano, Pool, File)
Despite the legal proceedings, Hernandez’s defense team, consisting of Harvey Fishbein and Alice Fontier, expressed their unwavering belief in his innocence to the Associated Press.
“But we will be prepared for trial and will present an even stronger defense,” the pair of attorneys added.
The U.S. Court of Appeals for the Second Circuit overturned Hernandez’s conviction in July, finding that the jury in 2017 had not received a thorough enough explanation of its options, including that it could ignore Hernandez’s confessions.
Split of Pedro Hernandez in court and a missing poster for Etan Patz. (Reuters/Louis Lanzano/Pool; Reuters/Defense attorney Alice Fontier/Handout )
Years before his conviction, Hernandez admitted to police that he lured Patz into the basement of the convenience store where he worked. Prosecutors claimed Hernandez choked Patz, stuffed his body into a plastic garbage bag hidden inside a box and took it out with the trash.
The appeals court found that the trial judge had issued “clearly wrong” and “manifestly prejudicial” instructions to the jury in response to a question about the suspect’s confessions to police.
In October, Judge Colleen McMahon of the U.S. District Court for the Southern District of New York ruled that Hernandez must receive a third trial by June 1, or he would ultimately be released.
Stanley Patz, father of 1979 murder victim 6-year-old Etan Patz, (C) departs after speaking to the media at Manhattan State Supreme Court following the sentencing of Pedro Hernandez, in New York City, U.S., April 18, 2017. (Reuters/Lucas Jackson)
A court hearing is scheduled for Dec. 1.
