A New York federal appeals court has ordered a new trial or release for Pedro Hernandez, convicted in the 1979 kidnapping and murder of 6-year-old Etan Patz. Hernandez's conviction was based on his confession after lengthy police interrogation. The appeals court found that trial court instructions regarding the confessions were flawed, consequently affecting the jury's verdict. Etan Patz's case was pivotal in the movement to publicize missing children through milk cartons. The court's ruling declared the state's trial court contradicted federal law, necessitating reconsideration of the case.
The 2nd US Circuit Court of Appeals ordered that Pedro Hernandez either receive a new trial or be released due to flaws in trial court instructions regarding his confessions.
Hernandez's lawyers contended that the instructions given to the jury were improper and compromised the verdict, asserting that Hernandez's confession stemmed from hours of police interrogation.
The case of Etan Patz, who went missing in 1979, became a significant part of a national movement for missing children, marking one of the first uses of milk cartons for alerts.
The appeals panel determined that the state court contradicted established federal law, labeling the error during the trial as significant and not harmless, necessitating a retrial.
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