Supreme Court reinstates
murder conviction in case of
Etan Patz, missing
New York City boy 1 of 3 | A photograph of
Etan Patz hangs on an angel figurine, as part of a makeshift memorial in
New York, May 28, 2012. (AP Photo/Mark Lennihan, File) 2 of 3 | FILE- In this Nov. 15, 2012, file photo,
Pedro Hernandez appears in Manhattan criminal court in
New York. (AP Photo/Louis Lanzano, Pool, File) 3 of 3 | The U.S.
Supreme Court is seen, June 11, 2026, in
Washington. (AP Photo/Mariam Zuhaib, File) 1 of 3 | A photograph of
Etan Patz hangs on an angel figurine, as part of a makeshift memorial in
New York, May 28, 2012. (AP Photo/Mark Lennihan, File) 1 of 3 A photograph of
Etan Patz hangs on an angel figurine, as part of a makeshift memorial in
New York, May 28, 2012. (AP Photo/Mark Lennihan, File) Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share 2 of 3 | FILE- In this Nov. 15, 2012, file photo,
Pedro Hernandez appears in Manhattan criminal court in
New York. (AP Photo/Louis Lanzano, Pool, File) 2 of 3 FILE- In this Nov. 15, 2012, file photo,
Pedro Hernandez appears in Manhattan criminal court in
New York. (AP Photo/Louis Lanzano, Pool, File) Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share 3 of 3 | The U.S.
Supreme Court is seen, June 11, 2026, in
Washington. (AP Photo/Mariam Zuhaib, File) 3 of 3 The U.S.
Supreme Court is seen, June 11, 2026, in
Washington. (AP Photo/Mariam Zuhaib, File) Add AP News on Google Add AP News as your preferred source to see more of our stories on Google. Share Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year]
Washington (AP) — The
Supreme Court on Monday reinstated a
murder conviction in the 1979
disappearance of 6-year-old
Etan Patz.The justices, by a 6-3 vote, granted an appeal from
New York prosecutors who had urged them to undo a federal appeals court decision that overturned the verdict. The three liberal justices dissented.Prosecutors had been preparing to try the man,
Pedro Hernandez, for a third time. His first trial ended in a mistrial.The unanimous panel of the
U.S. Court of Appeals for the Second Circuit reversed Hernandez’ murder and kidnapping conviction in the second trial because of how the judge had answered a question from jurors.
Manhattan District Attorney Alvin Bragg had called the basis for overturning the conviction “a slender reed” that essentially ignored a five-month-long trial with 66 witnesses.The justices agreed, in an unsigned opinion, that federal courts should not second-guess state courts under a 1996 federal law that was intended to reduce federal court oversight of state criminal trials. “The Second Circuit exceeded its authority in holding that Hernandez is entitled to relief,” the justices wrote. 2 MIN READ Hernandez, 64, has been serving a sentence of 25 years to life in prison.Bragg hailed the high court’s decision. “This office has remained steadfast in its pursuit of justice for Etan and the Patz family and will continue to stand by this important conviction,” Bragg, a Democrat, said in a statement. Hernandez’ lawyers said they were “terribly disappointed” by the ruling. “We firmly believe that an innocent man is in jail for a crime that he did not commit,” attorneys Harvey Fishbein and Alice Fontier said.Hernandez admitted to the crime under police questioning, but his lawyers say he confessed falsely because of a mental illness that sometimes made him hallucinate. They emphasized that the admission came after police queried him for about seven hours before reading him his rights and recording the interview. Hernandez then repeated his confession on tape, at least twice. Etan vanished while walking to his downtown Manhattan school bus stop on May 25, 1979. Hernandez worked at a nearby convenience shop at the time, but the Maple Shade, New Jersey, resident didn’t become a suspect until 2012. Etan was among the first missing children ever to appear on milk cartons, and the anniversary of his
disappearance became National Missing Children’s Day.Hernandez already has been tried twice. A jury deadlocked in 2015, and then a different panel of jurors convicted him at a 2017 retrial. During deliberations, the 2017 jurors asked a complicated question: If they decided Hernandez didn’t confess voluntarily when he hadn’t been read his rights yet, must they disregard his other confessions? The then-judge responded simply, “the answer is no.” The jury went on to convict.In overturning that verdict, the appeals court said the jury’s question should have gotten a more fulsome answer, including the possibility of discounting all the confessions. ___Associated Press writer Jennifer Peltz contributed to this report from
New York. Sherman has covered the
Supreme Court for The Associated Press since 2006. His journalism career spans five decades. He is based in
Washington, D.C., and previously lived in
New York, Paris and Atlanta.