Man convicted in 1979 kidnapping and killing of Etan Patz must be retried by June, judge rules

The man convicted of kidnapping and killing 6-year-old Etan Patz in New York City in 1979 must be retried by June or be released, a federal judge in New York has ruled

The man convicted of kidnapping and killing 6-year-old Etan Patz in New York City in 1979 must be retried by June or be released, a federal judge in New York has ruled.

Pedro Hernandez, 64, was convicted in 2017 of kidnapping and murdering Etan and was sentenced to 25 years to life in prison after he admitted to luring the child into the basement of a bodega in the city’s SoHo neighborhood in 1979.

In July, a New York federal appeals court overturned that conviction and ruled Hernandez must receive a new trial or be released from custody. That decision was made over a flawed instruction by the New York state judge presiding over his case in response to a jury note about his alleged confessions.

Judge Colleen McMahon of Manhattan’s federal district court said in a ruling Thursday that if jury selection does not start by June 1, 2026, Hernandez must be released.

Her filing noted that prosecutors want the Supreme Court to review the 2nd Circuit U.S. Court of Appeals decision.