Prosecutors in New York seek time to consider third trial in Etan Patz murder

October 14, 2025

Pedro Hernandez, convicted in 2017 for the 1979 murder of six-year-old Etan Patz, may receive a new trial or be released after an appeals court overturned his conviction due to issues with police interrogation, his mental health history, and jury instructions. At a recent court hearing, prosecutors requested 90 days to decide on retrying Hernandez, while the defense pushed for a 30-day timeline. Judge Colleen McMahon indicated she would rule on the timeline within days, acknowledging the decades-long "nightmare" since Etan's disappearance in Manhattan while walking to school.

Who is affected

Pedro Hernandez (the convicted individual)
The family of Etan Patz (implied as affected by the case)
Manhattan prosecutors
Defense attorneys including Harvey Fishbein
Potential witnesses who might need to testify again (some described as "old," "deceased," or having left New York City)
US District Judge Colleen McMahon who must rule on the timeline

What action is being taken

Lawyers for Hernandez are requesting a tight deadline (30 days) for prosecutors to determine whether to retry him
Manhattan prosecutors are asking for 90 days to make a decision on retrying Hernandez
Prosecutors are planning an appeal to the US Supreme Court
Judge McMahon is considering the timeline requests and preparing to issue a ruling "in a few days"
Hernandez's legal team is seeking to have him released and prevent a third trial

Why it matters

The case involves the 1979 disappearance and murder of six-year-old Etan Patz, which brought nationwide attention to missing children
A conviction from 2017 has been overturned by an appeals court due to issues with police interrogation, mental illness considerations, and jury instructions
It represents a decades-long search for justice in what the judge called a "nightmare" case
The decision affects whether a man potentially wrongly convicted remains in prison
The case has significant legal implications regarding jury instructions and confessions

What's next

Judge Colleen McMahon will rule "in a few days" on the timeline for prosecutors to decide whether to retry Hernandez
Prosecutors plan to appeal to the US Supreme Court, though it's uncertain if the court will hear the case

Read full article from source: BBC