Man convicted in Etan Patz's kidnapping, murder ordered to have new trial or be released
In 2017, after two trials, Hernandez was sentenced to 25 years to life in prison on charges of second-degree murder and kidnapping in one of the most notorious missing child cases in the U.S.
Hernandez's first trial in 2015 ended in a hung jury, but he was found guilty in the second trial after nine days of jury deliberation.
Hernandez's attorney appealed the verdict, claiming the instructions the jury was given "ignored clearly established Supreme Court precedent and prejudice the verdict."
"We conclude that the state trial court contradicted clearly established federal law and that this error was not harmless," the judge wrote, ordering the new trial or Hernandez's release.
The Manhattan District Attorney's office says they are reviewing the judge's ruling.
Etan vanished on May 25, 1979 while on his way to school. He was one of the first missing children to be pictured on milk cartons. The anniversary of his disappearance was designated National Missing Children's Day.
Jurors spoke out about their decision back in 2017. The jury's foreman saud at the time deliberations had been difficult.
"We were very nervous about making the wrong call," another juror said.
Hernandez had confessed to the killing, although his attorneys argued he was mentally ill and had given false confessions.
"When he went by me, I grabbed him by the neck and I started to choke him," Hernandez said on videotape on May 24, 2012.
Check back soon for more on this developing story.
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