Prosecutors in New York are asking for more time to decide whether to bring a third trial in the Etan Patz murder case.
In July 2025, the 2nd U.S Circuit Court of Appeals overturned the 2017 conviction of Pedro Hernandez, ruling that the judge for that trial gave poor directions to the jury about how to treat his confessions. The court’s decision said the jury was not informed they had the option of disregarding all of the confessions, making the ruling involuntary.
Hernandez remains in prison for now. His lawyers have asked the court to set a release date unless prosecutors move forward with a new trial, but Judge Colleen McMahon didn’t rule on this right away. Prosecutors say they may need up to three months to decide, due to challenges such as gathering all 50 witnesses from the trial to retry. So far, they’ve spoken to about two dozen of them.
A judge expressed doubt that the Supreme Court would take up the appeal. “This is not the kind of case the Supreme Court would be inclined to take,” the judge said.
Hernandez’s lawyers say he’s innocent and falsely confessed due to a mental illness that can cause hallucinations.
The Etan Patz case draws attention because in 1979, six‑year‑old Etan’s disappearance helped start a movement for missing children, including the use of photographs on milk cartons. For years the case remained unsolved until a tip in 2012 involving Hernandez’s previous remarks on killing a child in New York, who confessed later.
Hernandez was retried in 2017, convicted and sentenced to 25 years to life. With the conviction now overturned, the question is whether a third trial is possible given how long it’s been and the possible loss of witnesses.
If prosecutors decide not to retry him, Hernandez could be released. The next steps depend on legal rulings and whether the Supreme Court steps in.
