By Gabe Whisnant
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A federal appeals court said Monday that Pedro Hernandez, the man convicted in the decades-old disappearance of 6-year-old Etan Patz, must either be granted a new trial or released from custody.
Hernandez was found guilty of murder in 2017 after confessing to luring Patz into a basement as he walked alone to his school bus stop in Manhattan's SoHo neighborhood in 1979, where he allegedly attacked the boy.
The Manhattan district attorney's office first brought charges against Hernandez in 2012. His initial trial in 2015 ended in a hung jury. In a second trial two years later, a jury convicted him after nine days of deliberations.
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Emily Tuttle, senior advisor to Manhattan District Attorney Alvin Bragg, told Newsweek via email, "We are reviewing the decision."
Here's Why the 1979 Etan Patz Case Could Have a New Trial
On appeal, Hernandez's attorneys argued that the trial court issued improper jury instructions, which they claim unfairly influenced the verdict. The appeals court ruled Monday that the trial judge in Hernandez's 2017 case issued jury instructions that were "clearly wrong" and "manifestly prejudicial."
The issue arose when jurors asked whether they should disregard a second confession Hernandez made after being read his Miranda rights if they found his initial pre-Miranda confession to be invalid. The judge instructed the jury that they did not need to discard the second confession, even if they dismissed the first—an explanation the appeals court deemed legally incorrect.
The court ordered his release unless the state files for a new trial within a "reasonable period."
Newsweek has reached out to the Manhattan District Attorney's office via email on Monday afternoon for comment.
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What Happened to Etan Patz?
Etan Patz, 6, vanished on the morning of May 25, 1979, as he walked alone to catch the school bus near his home in Manhattan's SoHo neighborhood. It was the first time his parents had allowed him to make the short walk by himself. He never arrived at school, and despite massive searches and media attention, no trace of him was found for decades. The case became a national symbol of missing children and led to increased efforts in child safety awareness.
His disappearance marked the beginning of a long, painful investigation and spurred significant changes in how authorities and the public respond to missing children. The date of his disappearance, May 25, was later declared National Missing Children's Day by President Ronald Reagan in 1983.
When Was Pedro Hernandez Convicted?
Hernandez, now 64, was convicted in February 2017 of kidnapping and murdering Patz. His conviction came after a highly publicized retrial—the first trial, held in 2015, ended in a mistrial due to a deadlocked jury. Hernandez had confessed to the crime in 2012, telling investigators that he lured Etan into the basement of a convenience store where he once worked and strangled him.
Despite the confession, the case remained controversial, as there was no physical evidence linking Hernandez to the crime. Defense attorneys argued that he was mentally ill and had a history of hallucinations and delusions. Still, prosecutors contended that the confession was credible, and a second jury ultimately found him guilty after extensive deliberations.
Who are Etan Patz's parents?
Etan Patz's parents, Stanley and Julie Patz, became outspoken advocates for missing children, pushing for systemic changes in how such cases are handled. Stanley, a professional photographer, helped bring national attention to the case by distributing Etan's photo widely—his son's image would become one of the first to appear on milk cartons.
The Patzes also played a key role in advancing legislation and public awareness around child safety. Though they largely stayed out of the public eye in later years, they were present throughout the legal proceedings against Hernandez and continued to seek justice for their son over four decades after his disappearance.
Update: 7/21/25, 2:41 p.m. ET: This article was updated with new information.
Update: 7/21/25, 4 p.m. ET: This article was updated with new information and remarks.
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