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By Adeola Adeosun and Gabe Whisnant
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New York City prosecutors announced they will petition the U.S. Supreme Court to restore Pedro Hernandez's murder conviction in the 1979 disappearance of 6-year-old Etan Patz.
The request comes after the 2nd U.S. Circuit Court of Appeals overturned Hernandez's conviction in July, ordering his release unless he faces retrial within a reasonable timeframe.
Prosecutors argued the decision raises "substantial legal questions" and said they are committed to pursuing High Court review. Hernandez, who has served part of a 25-year-to-life sentence, maintains he falsely confessed due to mental illness.
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Newsweek called the Manhattan District Attorney's office on Monday for comment.
Why It Matters
The Etan Patz case fundamentally transformed American parenting culture and child safety protocols.
His disappearance sparked nationwide fear among families and led to significant policy changes, including the establishment of a national missing-children hotline and improved information sharing between law enforcement agencies. May 25, the anniversary of Etan's disappearance, became National Missing Children's Day.
Was Etan Patz Ever Found?
The 6-year-old first grader vanished on May 25, 1979, while walking alone to his school bus stop in Manhattan's SoHo neighborhood—the first time his parents had allowed him to make the short walk by himself.
Despite extensive investigations spanning over three decades and massive media attention, no physical evidence of Etan has been discovered. His body has never been recovered.
When Was Pedro Hernandez Convicted?
Hernandez was convicted in February 2017 after two trials.
His first trial in 2015 ended in a hung jury when jurors couldn't reach a unanimous verdict. The second trial resulted in his conviction after nine days of deliberations, leading to a sentence of 25 years to life in prison. Now 64, Hernandez had been serving his sentence until the recent appeals court decision overturning his conviction in July.
What To Know
Hernandez became a suspect more than 30 years after Etan's disappearance, following a 2012 tip suggesting he had previously made remarks about killing a child in New York.
As a teenager, Hernandez worked at a convenience store in Etan's neighborhood when the boy vanished. Police had canvassed the area and met Hernandez during the initial investigation, but didn't suspect him at the time.
The legal controversy centers on the circumstances of Hernandez's confession and the subsequent jury instructions. His attorneys argue he falsely confessed due to a mental illness that caused hallucinations and delusions.
Police questioned Hernandez for seven hours without reading Miranda rights or recording the initial interview. He subsequently repeated his confession on tape at least twice.
The appeals court focused on improper jury instructions when jurors asked whether they should disregard recorded confessions if they found the initial unrecorded confession invalid. The trial judge said no, but the 2nd Circuit ruled this was "clearly wrong" and "manifestly prejudicial," determining the jury should have received a more comprehensive explanation of their options.
Prosecutor Stephen Kress filed the disclosure Sunday, requesting the appeals court delay enforcement of its decision until the Supreme Court's October 20 filing deadline.
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What Happens Next?
The Supreme Court filing deadline is October 20. If the high court agrees to review the case, any potential retrial could be postponed indefinitely.
The 2nd Circuit Court has not yet ruled on prosecutors' request to delay case enforcement, though it previously granted a 30-day extension that expired Sunday.
If the Supreme Court declines review, Hernandez would face retrial unless prosecutors decide not to pursue the case further. The appeals court ordered his release unless the state files for a new trial within a "reasonable period."
Reporting from the Associated Press contributed to this article.
Update 09/15/25 3:37 p.m. ET: This article has been updated with additional information.
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