Prosecutors may appeal to US Supreme Court on 1979 missing child Etan Patz case
Share this @internewscast.com

Prosecutors in New York have announced the possibility of appealing to the U.S. Supreme Court to reinstate a murder conviction linked to the 1979 disappearance of 6-year-old Etan Patz. This perplexing case remained unsolved with no arrests for decades.

The conviction of Pedro Hernandez, a former store clerk identified as a suspect over 30 years following the disappearance of the young New York City student, has been overturned by a federal appeals court. The court has ordered his release unless he is retried “within a reasonable period.”

Prosecutors asked the appeals court Friday to hold off sending the case back to a lower-level federal judge to set a retrial date.

The Manhattan District Attorney’s Office noted that the kidnapping and murder of Etan Patz stands as one of the most notorious crimes in recent U.S. history, and the recent court decision disrupts a conviction that had been validated nearly a decade ago.

The prosecutors highlighted the presence of “substantial legal questions” and indicated they are considering submitting a petition to the Supreme Court in the coming fall.

Hernandez’s lawyers said they would oppose prosecutors’ request to put the case on hold while they contemplate an appeal.

One of Hernandez’s defense attorneys, Edward Diskant, expressed skepticism, stating there’s no valid ground “to ask the Supreme Court to revisit –- let alone reverse” the appellate court’s decision.

Hernandez already has been tried twice — his 2017 conviction came after a prior jury couldn’t reach a verdict.

Now 64, he has been serving a sentence of 25 years to life in prison.

Etan vanished while making the short journey to his school bus stop. He became one of the initial missing children to have his image featured on milk cartons, and the distress of his parents contributed to significant changes in how missing-child cases were handled by U.S. law enforcement. Etan’s case, among others, eventually led to parents becoming increasingly cautious about their children’s safety.

No trace of Etan was ever found. After many years, his parents eventually had him declared legally dead.

Investigators scoured the city, and even overseas, for leads. But no arrests were made until 2012, when police got a tip that Hernandez — who worked in Etan’s neighborhood when the boy was last seen — had made remarks in the ensuing years about having harmed or killed a child in New York.

Hernandez then told police that he had offered Etan a soda to lure him into the basement of the shop where Hernandez worked. The suspect said he then choked the boy and put him, still alive, in a box and left it with curbside trash.

Hernandez’s lawyers say he confessed falsely because of a mental illness that sometimes made him hallucinate. The attorneys emphasized that the admission came after police questioned him for seven hours without reading him his rights or recording the interview. Hernandez then repeated his confession on tape, at least twice.

The trials happened in a New York state court, but the Hernandez appeal eventually wound up in federal court.

“The high cost of federally invalidating a state-court conviction is especially pronounced in this case,” prosecutors wrote.

At issue was the state trial judge’s response to jurors’ questions about whether they had to disregard the recorded confessions if they found the first, unrecorded one was invalid.

The judge said no. The appeals court said the jury should have gotten a more thorough explanation of its options, which could have included disregarding all of the confessions.

Prosecutors argue that the confessions were freely given, and that the appeals court inappropriately applied a federal legal rule when assessing the state court’s handling of the jury note.

Share this @internewscast.com
You May Also Like
All the details: Anne Hathaway and Meryl Streep kick off 'The Devil Wears Prada 2' global tour in fashion-forward looks

Anne Hathaway and Meryl Streep Stun in Stylish Outfits at Start of ‘The Devil Wears Prada 2’ World Tour

Two decades after “The Devil Wears Prada” captivated cinema-goers, Meryl Streep, Anne…
Bolivia's clown union protests government decree that threatens their livelihood

Bolivian Clowns Rally Against New Government Policy Jeopardizing Their Income

Clowns are taking a stand in Bolivia, and it’s no laughing matter.…
Chicago’s Brandon Johnson blasts 'assaults against immigrants' as slain Sheridan Gorman is laid to rest

Chicago Mayor Brandon Johnson Condemns Attacks on Immigrants at Sheridan Gorman’s Funeral

Amidst the sorrowful backdrop of Sheridan Gorman’s funeral, Chicago Mayor Brandon Johnson…
Trump unveils renderings for Miami skyscraper that will serve as his presidential library 

Trump Reveals Vision for Miami Skyscraper to House Presidential Library

On Monday, former President Donald Trump revealed ambitious plans for a presidential…
Secret Service agent assigned to Jill Biden shot himself in the buttocks: report 

Secret Service Agent Accidentally Discharges Weapon, Sustains Injury: Report

In an unfortunate mishap that occurred last week, a Secret Service agent…
Huntington Beach Rescue, Sugar the Surfing Dog, dead after cancer battle

Farewell to Sugar: Beloved Surfing Dog and Huntington Beach Hero Loses Battle with Cancer

Sugar, the celebrated canine surfer who charmed many with her skills and…
LA's Paul Smith store on Melrose Ave. remains a selfie hotspot

Discover Why the Iconic Pink Wall on Melrose Ave. is Still LA’s Ultimate Selfie Destination

For years, the Paul Smith flagship store on Melrose Avenue in Los…
Trump signs executive order to tighten mail-in voting rules ahead of 2026 midterms

Trump Issues Executive Order to Revamp Mail-In Voting Regulations for 2026 Midterms

President Donald Trump is set to sign an executive order aimed at…
Trump considers ending Congress's two-week recess for a rare special session to end DHS shutdown

Trump Pushes for Unprecedented Special Session to Resolve DHS Shutdown Amid Congressional Recess

WASHINGTON — President Trump has indicated to The Post that he might…
Cascades of Freedom flow at San Francisco' Martin Luther King Jr. memorial

Rivers of Liberation Flow at San Francisco’s Martin Luther King Jr. Memorial

In the heart of San Francisco’s vibrant landscape lies Yerba Buena Gardens,…
Watch: Stephen Colbert Leads Audience in 'Yes, We Can!' Chant After Referencing the Obama Campaign Slogan

Stephen Colbert Energizes Audience with ‘Yes, We Can!’ Chant Inspired by Obama

During Monday’s episode of CBS’s The Late Show, Stephen Colbert seemed to…
Windsurfer collides with whale in unbelievable video

Windsurfer Encounters Whale in Astonishing Video Footage

In an astonishing stroke of luck, a windsurfer narrowly escaped serious harm…