Manhattan DA to retry Etan Patz's killer after conviction in deadly 1979 kidnapping was overturned
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The Manhattan District Attorney’s Office revealed on Tuesday its plan to retry Pedro Hernandez, the individual previously convicted for the kidnapping and murder of a 6-year-old boy, a case that dates back several decades.

Etan Patz disappeared in 1979 while on his way to the bus stop in New York City, marking his first solo journey. His case became notable as he was among the first missing children featured on milk cartons, a strategy aimed at raising public awareness.

Hernandez confessed to the crime nearly 30 years later and was sentenced to 25 years to life in prison after a conviction for murder in 2017. His initial trial, however, concluded with a hung jury in 2015.

“The District Attorney has assessed that the current, permissible evidence justifies pursuing charges of Murder in the Second Degree and Kidnapping in the First Degree against the defendant, and the prosecution is ready to advance,” stated Manhattan Assistant District Attorney Sarah Marquez in an official declaration.

Pedro Hernandez in Court

Pedro Hernandez was seen in Manhattan criminal court alongside his attorney, Harvey Fishbein, on November 15, 2012, in New York. (AP Photo/Louis Lanzano, Pool, File)

Hernandez’s defense attorneys, Harvey Fishbein and Alice Fontier, told the Associated Press they “remain convinced that Mr. Hernandez is an innocent man.”

“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

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.

Etan Patz's father in court

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.

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