Prosecutors Seek Supreme Court Ruling on Overturned Etan Patz Murder Conviction
New York City prosecutors are urging the U.S. Supreme Court to restore the murder conviction of Pedro Hernandez, linked to the 1979 disappearance of six-year-old Etan Patz. This request comes as they prepare for a potential retrial of Hernandez, whose 2017 conviction was nullified by a federal appeals court over an issue with jury instructions.
Manhattan District Attorney Alvin Bragg, along with senior prosecutors, submitted a petition to the Supreme Court, arguing that the federal court’s decision to overturn the state’s jury verdict was unfounded. They pointed out that the conviction followed an extensive five-month trial involving 66 witnesses, some of whom have since passed away.
The appeals court had overruled the conviction due to a perceived inadequacy in the trial judge’s response to a jury’s question about Hernandez’s confessions. During deliberations, the jury queried whether they should ignore Hernandez’s other confessions if they believed his initial confession was involuntary due to not being read his rights. The judge simply replied, “the answer is no,” which led to the conviction.
Prosecutors and Hernandez’s defense team are scheduled to meet in court to discuss the timeline and procedures for a new trial, with a different judge now overseeing the case. If jury selection does not commence by June 1, federal rulings mandate Hernandez’s release from custody. He is currently serving a 25-year-to-life sentence.
Hernandez confessed to the crime during police questioning, but his attorneys argue the confession was false, influenced by mental illness that causes hallucinations. They emphasized that his rights were only read to him after approximately seven hours of questioning, during which his confession was not recorded. Hernandez subsequently repeated his confession on tape multiple times.
Etan Patz disappeared on May 25, 1979, en route to his school bus stop in Manhattan. Despite Hernandez’s proximity to the area, as he worked at a nearby convenience store, he was not identified as a suspect until 2012. Etan’s case gained significant attention, becoming one of the first instances of a missing child being featured on a milk carton, and his disappearance is commemorated annually as National Missing Children’s Day.
Hernandez has faced trial twice already. The first jury in 2015 was unable to reach a verdict, leading to a second trial in 2017, which resulted in his conviction.
For further information, visit the original AP News article.
