In a significant development in a decades-old case, a US appeals court has ruled that Pedro Hernandez, the man convicted in the 1979 disappearance and murder of six-year-old Etan Patz, is to receive a new trial or face release. The case, which captured national attention, began when Etan went missing on his way to a school bus stop in Manhattan, sparking an intense investigation that included the Federal Bureau of Investigation (FBI) and widespread media coverage, including the boy's image on milk cartons.
Hernandez, a convenience store owner, was convicted of the crime in 2017 after the first trial ended in a hung jury in 2015. His confession, claimed to have lured Etan to a basement with the promise of a drink, became a focal point of the prosecution. However, his legal defense raised concerns over the circumstances surrounding the confession, indicating that Hernandez has a documented history of mental illness and a low IQ, questioning the validity of his admissions.
The Second Circuit Court of Appeals found that the jury received improper instructions that transgressed federal law, ruling that the error was not harmless. Specifically, the court referred to a note from the jurors that requested clarification on whether they should ignore subsequent confessions if they deemed the initial confession to be involuntary. The judge's response, which indicated they should not disregard the confession, was deemed inconsistent with established legal standards.
Following this ruling, officials from the Manhattan District Attorney's office stated they are reviewing the decision, while Hernandez's attorney, Harvey Fishbein, expressed gratitude for the opportunity to secure a retrial, urging prosecutors to focus on finding the true culprits behind Etan Patz’s tragic disappearance rather than pursuing Hernandez.
