The Manhattan district attorney's office decided Monday to ask the US Supreme Court to intervene after a federal appeals court ordered a new trial or the release of Pedro Hernandez, the man convicted in the death of Etan Patz, whose case changed the way the country approaches missing children.
Monday, September 15, 2025 3:39PMThe Manhattan district attorney's office decided Monday to ask the US Supreme Court to intervene after a federal appeals court ordered a new trial or the release of , the man convicted in the death of Etan Patz , whose case changed the way the country approaches missing children.
ruled last month Hernandez should be released or given a new trialStephen Kress, an assistant district attorney, said in a new court filing prosecutors have opted to seek Supreme Court review and asked the appellate court to pause implementation of its ruling.Last month, Hernandez's lawyers said they would oppose prosecutors' request to put the case on hold while they contemplate an appeal. "We don't believe there is any basis to ask the Supreme Court to revisit -- let alone reverse" the appellate court ruling, said one of Hernandez's attorneys, Edward Diskant. Hernandez already has been tried twice - his 2017 conviction came after a prior jury couldn't reach a verdict.Etan disappeared while walking little more than a block to his school bus stop. He became one of the first missing children pictured on milk cartons, and his anguished parents helped reshape how American law enforcement agencies responded to missing-child cases. Other parents, meanwhile, became more protective of children over the years after Etan's case and others. No trace of Etan was ever found. After many years, his parents eventually had him declared legally dead. Investigators scoured the city, and even overseas, for leads. But no arrests were made until 2012, when police got a tip that Hernandez - who worked in Etan's neighborhood when the boy was last seen - had made remarks in the ensuing years about having harmed or killed a child in New York. Hernandez then told police that he had offered Etan a soda to lure him into the basement of the shop where Hernandez worked. The suspect said he then choked the boy and put him, still alive, in a box and left it with curbside trash. Hernandez's lawyers say he confessed falsely because of a mental illness that sometimes made him hallucinate. The attorneys emphasized that the admission came after police questioned him for seven hours without reading him his rights or recording the interview. Hernandez then repeated his confession on tape, at least twice. The trials happened in a New York state court, but the Hernandez appeal eventually wound up in federal court. "The high cost of federally invalidating a state-court conviction is especially pronounced in this case," prosecutors had written. At issue was the state trial judge's response to jurors' questions about whether they had to disregard the recorded confessions if they found the first, unrecorded one was invalid. The judge said no. The appeals court said the jury should have gotten a more thorough explanation of its options, which could have included disregarding all of the confessions. Prosecutors argue that the confessions were freely given, and that the appeals court inappropriately applied a federal legal rule when assessing the state court's handling of the jury note.
Pedro Hernandez Supreme Court Retrial Appeals Court Conviction Kidnapping Nyc Appeal 17821296
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Sotomayor admits conservative Supreme Court colleagues frustrate her, tries to look for 'good' in themFox News Channel offers its audiences in-depth news reporting, along with opinion and analysis encompassing the principles of free people, free markets and diversity of thought, as an alternative to the left-of-center offerings of the news marketplace.
Read more »
Letters to the Editor — Statesmen, Supreme Court, immigration, Department of War, H-E-BLetters to the Editor
Read more »
Supreme Court Poised to Tackle Trump’s Policies in High-Stakes New TermAs the new Supreme Court term begins, the court is set to review several cases challenging President Trump's policies, potentially shaping key aspects of his agenda and the balance of power.
Read more »
A national Democratic group is getting involved in the Pa. Supreme Court retention electionsRepublicans in November are trying to break Democrats’ 5-2 majority on Pennsylvania's high court, which plays a critical role in redistricting.
Read more »
I Won a $5 Million Judgment Against the MyPillow Guy. Now I’m Taking Him to the Supreme Court.I’m hoping the Supreme Court will reconsider this harmful ruling.
Read more »
National news at a glanceWhite House seeks more Supreme Court security; Florida woman fights off alligator to save her puppy
Read more »