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

The retrial deadline is June 2026 after Hernandez’s 2017 conviction for Etan Patz’s 1979 murder was overturned due to flawed jury instructions, a judge ruled.

  • Judge McMahon, New York federal judge, set a retrial deadline requiring Pedro Hernandez, defendant, to be retried by June 1, 2026 or released.
  • In July, the Second Circuit Appeals Court overturned Pedro Hernandez's conviction, finding the New York state trial judge gave a flawed jury instruction about alleged confessions.
  • Hernandez initially confessed after approximately seven hours of unwarned questioning by three police officers, then repeated videotaped confessions to an Assistant District Attorney that prosecutors played at trial.
  • The prosecution faces logistical hurdles, with prosecutors seeking Supreme Court review, and Judge McMahon wrote, 'It is not my job to read the tea leaves and make predictions or estimates about when or how the Supreme Court will act.'
  • Long ago, Etan Patz went missing on May 25, 1979 while walking to a bus stop, prompting a massive SoHo search; his body was never found, leaving the case unresolved.
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Man convicted in Etan Patz's murder must be re-tried by June or released: Judge

Pedro Hernandez, the man convicted of abducting and murdering Etan Patz, must be re-tried by June 2026 or he will be released from custody.

·United States
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NBC Bay Area broke the news in San Francisco, United States on Friday, October 17, 2025.
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