NYC man accused of abducting, killing Etan Patz in 1979 to face 3rd trial: prosecutors
A former bodega worker is set to go to court again, this time for a third time, after prosecutors say he took and killed eight‑year‑old Etan Patz in 1979. The case, which stunned the nation when the boy vanished from a SoHo street on May 25, 1979, has remained a haunting mystery for decades.
Manhattan District Attorney Alvin Bragg’s team announced that they are “prepared to proceed” with a new trial for Pedro Hernandez, 64, who had earlier confessed to the murder.
However, in July 2024 the 2017 conviction was overturned by an appeals court following a ruling that the trial judge had given improper instructions to the jury.
In a letter to Manhattan Supreme Court, Assistant District Attorney Sarah Marquez wrote that, after “thorough review,” the evidence that can be admitted supports prosecuting Hernandez on both murder and kidnapping charges.
The federal court has set a deadline: jury selection must begin by June 1, or Hernandez will be released from a New York state prison. If the trial proceeds, it would bring the story full circle, as investigators finally pieced together a suspect only after a 2012 tip that Hernandez’d confessed to killing a child during a prayer group.
A videotaped confession later revealed how he lured Patz into a bodega basement with the promise of a soda before strangling him. No body was ever recovered, and no physical evidence directly linked Hernandez to the crime.
The first trial in 2015 ended with a hung jury. Hernandez’s legal team maintains that he is innocent and that he was driven by mental illness when he made the confessions. Defense attorney Harvey Fishbein told The Post on Tuesday, “We are deeply disappointed in the decision by the New York County District Attorney to retry Pedro Hernandez for a third time.” He added, “But if this 46‑year‑old case is actually to be retried, we will be ready.”
Meanwhile, the DA’s office has asked the U.S. Supreme Court to reinstate the 2017 conviction, arguing that the appellate panel misidentified the judge’s error. Over the past few months, a new squad of prosecutors has been working to contact witnesses and assess whether a third trial is feasible.
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