Manhattan prosecutors are seeking additional time to decide whether to pursue a third trial for Pedro Hernandez, the man convicted of murdering six-year-old Etan Patz in 1979, after an appeals court overturned his conviction and mandated a new trial or his release. The defense is advocating for a swift decision to potentially secure Hernandez’s freedom, while the prosecution cites challenges with witness availability.
The disappearance of Etan Patz on May 25, 1979, while he was walking to his school bus stop in Manhattan’s SoHo neighborhood, captivated the nation and heightened awareness about missing children. Despite an extensive search involving local police and the FBI, Patz was never found, and the case remained one of New York City’s most haunting unsolved mysteries for over three decades, symbolizing the vulnerabilities faced by families and communities.
In 2012, Pedro Hernandez, who had worked as a stock clerk in a bodega near the bus stop, confessed during a police interrogation that he lured Patz into a basement and strangled him. Hernandez faced two trials: the first in 2015 ended in a mistrial when the jury deadlocked, unable to reach a unanimous verdict after weeks of deliberation, and the second in 2017 resulted in a conviction for felony murder and kidnapping, though he was acquitted of intentional murder, leaving legal ambiguities.
The conviction was overturned in July 2025 by the Second Circuit Court of Appeals, which cited several grounds for reversal, including issues with Hernandez’s police interrogation, his history of mental illness, and erroneous jury instructions. Specifically, the appeals court found that the trial judge improperly instructed the jury when they asked if they should disregard Hernandez’s later confessions if the first was deemed involuntary, with the judge responding, “The answer is, no,” which defense attorneys argued prejudiced the jury and violated legal standards.
On Thursday, October 14, 2025, Manhattan prosecutors requested 90 days from U.S. District Judge Colleen McMahon to determine whether to retry Hernandez, emphasizing the logistical challenges of locating and preparing witnesses, many of whom are elderly, deceased, or have relocated from New York City. Prosecutor Matthew Colangelo stated that some witnesses “never thought they’d have to testify again,” highlighting the difficulties in reassembling the case after so many years and the fading memories of key individuals.
In contrast, Hernandez’s defense team, led by attorney Harvey Fishbein, pushed for a 30-day deadline, arguing that Hernandez is innocent and has been wrongfully imprisoned. Fishbein told reporters, “An innocent man is sitting in jail right now,” and expressed the goal of securing Hernandez’s release as soon as possible to avoid the ordeal of a third trial, asserting that the original evidence was flawed.
Judge McMahon acknowledged the protracted nature of the case, noting that it has been decades since Etan’s disappearance, which she described as a “nightmare,” and indicated she would rule on the timeline in a few days. Her decision will critically impact the pace at which the prosecution must decide on retrying Hernandez, balancing legal efficiency with the case’s deep historical roots and the emotional toll on all involved.
Additionally, prosecutors plan to appeal the appeals court’s decision to the U.S. Supreme Court, though it remains uncertain whether the court will agree to hear the case. This potential appeal introduces further uncertainty into the legal proceedings, potentially prolonging the resolution of Hernandez’s fate and testing the limits of appellate review in high-profile criminal cases.
The ongoing legal battle underscores the complexities of revisiting decades-old cases, where evidence and witnesses may be compromised by time. The outcome could lead to a third trial, Hernandez’s release, or continued appeals, perpetuating a story that has evoked strong emotions and raised questions about justice, memory, and the reliability of confessions in the criminal system, with implications for similar historical investigations.