The Second Circuit Court of Appeals has determined that Pedro Hernandez, convicted in 2017 for the murder of Etan Patz, is entitled to a new trial, citing prejudicial jury instructions that violated legal standards.
Appeals Court Rules for New Trial in Etan Patz Murder Case

Appeals Court Rules for New Trial in Etan Patz Murder Case
A U.S. appeals court has ordered a retrial for Pedro Hernandez, who was convicted in the 1979 murder of six-year-old Etan Patz, due to improper jury instructions.
A U.S. appeals court has ruled that Pedro Hernandez, convicted in the high-profile 1979 murder of six-year-old Etan Patz, will receive a new trial or be released. The court's decision highlights the significant public interest in the case, which has lingered for decades. Etan's disappearance while walking to a school bus stop in Manhattan not only shocked New York but also sparked a national movement to raise awareness about missing children.
In 2017, Hernandez was found guilty after a 2015 trial ended in a hung jury. His conviction was largely based on confessions he provided during police interrogations. However, Hernandez's appeal contended that the jury received faulty instructions regarding the use of his confessions, which he argued undermined the fairness of his trial. The Second Circuit Court of Appeals found merit in this argument, stating, "The state trial court contradicted clearly established federal law," indicating that the jury's understanding was compromised.
The case of Etan Patz became a touchstone for missing children's advocacy, with efforts to locate him featuring his image widely shared on milk cartons and in public campaigns. Hernandez confessed in 2012, providing a graphic account of how he lured Patz to a basement before the young boy was killed. This confession, however, was complicated by Hernandez's mental health history and the context in which it was obtained, leading the appeals court to scrutinize the validity of that confession and the subsequent jury instructions.
Following the appeals court's ruling, prosecutors from the Manhattan District Attorney's office will review the decision. Hernandez's attorney, Harvey Fishbein, expressed relief over the ruling and called on authorities to redirect their attention towards finding those truly responsible for Etan's disappearance rather than persisting with the case against Hernandez. The Etan Patz case continues to resonate deeply, representing the broader societal issues of child safety and the complexities of justice within the legal system.