New York, NY – Lawyers representing Pedro Hernandez, whose conviction in the 1979 disappearance of 6-year-old Etan Patz was recently overturned, are calling for a judge to set a release date for their client. The request comes after a federal appeals court ruled that Hernandez’s conviction should be vacated due to flaws in the trial process, and prosecutors are now facing pressure to either retry him or release him from prison.
Conviction Overturned Due to Jury Instruction Flaws
In July, the 2nd U.S. Circuit Court of Appeals ruled that the jury in Hernandez’s 2017 trial was not sufficiently informed about the option of disregarding his confessions. The court stated that Hernandez’s defense was entitled to a more comprehensive explanation of what the jury could consider, which could have included ignoring the confessions that led to his conviction. The court’s decision prompted the judge to order Hernandez’s release unless prosecutors decide to bring him to trial again within a “reasonable period.”
Hernandez’s Lawyers Demand Action
During a hearing on Tuesday, Hernandez’s legal team asked the judge to set a date for his release, citing the prolonged uncertainty surrounding the case. Defense attorney Harvey Fishbein expressed frustration, stating that Hernandez has already been imprisoned for 13 years despite the 2nd Circuit’s ruling of his innocence. “We have a man sitting in jail now for 13 years that the 2nd Circuit said was innocent,” Fishbein said. Hernandez, now 64 years old, has already served a significant portion of a 25-year-to-life sentence.
The Delay in Prosecutors’ Decision
The Manhattan District Attorney’s Office, led by Alvin Bragg, has been slow to make a decision on whether to pursue a new trial for Hernandez. Matthew Colangelo, a prosecutor in the office, indicated that prosecutors may need up to three months to determine whether they will retry Hernandez. Colangelo explained that the uncertainty is due in part to the long passage of time since the original crime and the challenge of tracking down the 50 witnesses who testified during Hernandez’s previous trial. As of now, about two dozen witnesses from the 2017 trial have been contacted by prosecutors.
Despite this delay, Judge Colleen McMahon, who is overseeing the case, expressed skepticism that the U.S. Supreme Court would take up the recent decision made by the 2nd Circuit Court of Appeals. While Colangelo acknowledged that the Supreme Court’s involvement was not entirely out of the question, McMahon described the case as “not the kind of case the Supreme Court would be inclined to take.”
Hernandez’s Mental Health and False Confession
One of the key aspects of Hernandez’s defense is his claim that his confession was false and coerced due to mental illness. Hernandez’s attorneys argue that he suffers from a mental condition that caused him to hallucinate and make false admissions, including his supposed confession to killing a child. Hernandez was reportedly working at a convenience store in the same downtown Manhattan neighborhood as Etan when the boy vanished. Hernandez was not initially considered a suspect, but in 2012, a tip led authorities to revisit his case.
The Disappearance of Etan Patz
The disappearance of Etan Patz in 1979 remains one of the most high-profile missing child cases in American history. At the time, Etan was one of the first missing children to be featured on milk cartons, and his case helped fuel a nationwide fear of child abductions, leading to increased protections for children. Despite numerous leads and false confessions over the years, Etan’s case went unsolved for more than three decades.
A Long and Complicated Legal Battle
Hernandez’s legal battles have been long and complex. His 2017 conviction was the result of a retrial after the first jury was unable to reach a verdict. Now, with the recent overturning of his conviction, Hernandez finds himself in limbo, awaiting a final decision from the prosecutors. Hernandez’s legal team has called for swift action, stating that the continued delay is not only damaging to him but also perpetuates the legal uncertainty surrounding the case.
What Happens Next?
As Hernandez’s legal team awaits a response from the prosecution, the fate of his future remains uncertain. Prosecutors face a difficult decision on whether they have enough evidence to pursue a third trial and whether they can bring back witnesses from the original case. If they choose not to pursue a new trial, Hernandez could be released from prison after spending over a decade behind bars for a crime that many now question his involvement in.
Call to Action
What do you think should happen next in the Etan Patz case? Should Pedro Hernandez be released, or should he face another trial? Share your thoughts in the comments below.
