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Reversal of Etan Patz murder conviction raises fresh questions on mental health, confessions in court cases
Reversal of Etan Patz murder conviction raises fresh questions on mental health, confessions in court cases

New York Post

time3 days ago

  • New York Post

Reversal of Etan Patz murder conviction raises fresh questions on mental health, confessions in court cases

The man imprisoned for kidnapping and murdering a six-year-old boy in New York City nearly 45 years ago has had his conviction overturned. 64-year-old Pedro Hernandez has been serving 25 years to life in prison after being convicted in 2017 of killing Etan Patz in 1979. Advertisement Patz vanished on the first day he was allowed to walk to the school bus stop by himself on May 25, 1979. He was one of the first missing children to be pictured on milk cartons in a case that drew national attention. President Ronald Reagan later declared May 25, 1983, the first National Missing Children's Day in memory of Patz. On the morning of May 25, 1979, the first-grader was granted permission from his parents to walk alone to the bus stop, located just a block and a half away from where the family lived. His mother took him downstairs and watched him walk into the distance – he was never seen again. 11 Memorial of flowers and a teddy bear outside the building where Etan Patz was murdered. G.N. Miller for NY Post Advertisement 11 In Manhattan where suspect Pedro Hernandez was arrested for the 33 year old murder of Etan Patz. G.N. Miller for NY Post 11 Pedro Hernandez in court with his attorney. AP At the time of Patz's disappearance, Hernandez was working at a convenience shop as a teenager in the child's downtown Manhattan neighborhood. He initially spoke with authorities as they were canvassing for the child, but he did not become a suspect until police received a 2012 tip revealing that Hernandez had previously made remarks about killing a child in New York, but had not mentioned Patz by name. Advertisement Hernandez was arrested in 2012 and ultimately confessed to the crime after seven hours of questioning, telling investigators he had lured Patz into the store's basement with the promise of giving him a soda. Once inside, Hernandez said he had choked the child because 'something just took over me,' before putting Patz – who Hernandez said was still alive – inside a box and leaving it alongside a pile of trash. However, Hernandez's lawyers insisted the confession was the result of a mental illness that caused their client to misinterpret his imagination from reality. The attorneys also pointed to Hernandez's very low IQ. 'Several factors likely contributed to his confession, including low IQ, mental illness, and heightened suggestibility,' Jonathan Alpert, psychotherapist and author of 'Therapy Nation,' told Fox News Digital. 'These make someone more prone to internalizing guilt or fabricating details to meet perceived expectations.' 11 Jose Ramos pictured in police custody on Wyoming, PA on Wednesday, November 7, 2012. Christopher Sadowski Advertisement 11 Hernandez's lawyers insisted the confession was the result of a mental illness that caused their client to misinterpret his imagination from reality. G.N. Miller for NY Post 11 The attorneys also pointed to Hernandez's very low IQ. Alpert has not treated any of the individuals involved in the case. Hernandez was initially tried in New York state court twice – with the first trial ending in a jury deadlock in 2015 – before an appeal transferred the case into federal court. At the time, prosecutors claimed that Hernandez was faking or exaggerating his illness, pointing to Hernandez reportedly admitting to the crimes before police read him his rights and began recording their interview in 2012. He went on to repeat his confession at least twice while being recorded. The confession ultimately led to questions from jurors during their nine days of deliberations, with their final inquiry revolving around whether they were required to rule out the two recorded confessions if they were to determine that the first one was invalid – with the judge telling them they were not. An appeals court later ruled the judge should have provided a better explanation to the jury regarding their options, which could have included not factoring in all three of Hernandez's confessions. Referring to a jury note during the trial, the appeals court said the judge had provided a 'clearly wrong' and 'manifestly prejudicial' response to the question posed. Advertisement The court's decision to overturn Hernandez's conviction and grant him a new trial raises questions regarding mental health and confessions in court cases, as Alpert points to the frequent susceptibility of individuals with mental health disorders to 'have an intense need to gain approval from authority figures.' 11 Etan was murdered about two blocks from his home inside this basement of 448 West Broadway. G.N. Miller for NY Post 11 Stanley Patz at Pedro Hernandez's sentencing. Natan Dvir 11 Missing child poster for Etan Patz. AP Advertisement 'When interrogators suggest a narrative, these individuals can absorb and repeat it, not out of deceit, but out of compliance. Over time, they may even start to believe it themselves, especially when under stress or exhaustion.' While a new trial could bring additional clarity for a case that has spanned decades, Alpert warns that it could also lead to misunderstandings regarding testimony and evidence years later. 'A retrial has the potential to bring clarity, especially if new psychological insights or evidence are introduced,' Alpert told Fox News Digital. 'But it could just as easily create more confusion, particularly if the case continues to rely heavily on interpretation rather than hard facts.' The case garnered national attention, with Patz's photo being one of the first to be circulated on milk cartons throughout the country. His parents spent decades in the same home and with the same phone number, in hopes of their son eventually returning to them. Advertisement The child's family worked to help establish a national missing-children hotline and pioneered a new way for law enforcement agencies throughout the country to distribute information regarding such cases. 11 Pedro Hernandez entered into evidence for the ongoing trial of Hernandez. Stefan Jeremiah 11 While a new trial could bring additional clarity for a case that has spanned decades, Alpert warns that it could also lead to misunderstandings regarding testimony and evidence years later. mick 'They waited and persevered for 35 years for justice for Etan, which today, sadly, may have been lost,' former Manhattan District Attorney Cyrus Vance Jr. told The Associated Press after hearing about the reversal. Advertisement The court ordered Hernandez's release unless he receives a new trial within 'a reasonable time period.' 'For more than 13 years, Pedro Hernandez has been in prison for a crime he did not commit and based on a conviction that the Second Circuit has now made clear was obtained in clear violation of law,' Hernandez's lawyer, Harvey Fishbein, said in a statement to Fox News Digital. 'We are grateful the Court has now given Pedro a chance to get his life back, and we call upon the Manhattan District Attorney's Office to drop these misguided charges and focus their efforts where they belong – on finding those actually responsible for the disappearance of Etan Patz.' The Manhattan District Attorney's Office did not immediately respond to Fox News Digital's request for comment. 'This case highlights a broader issue in the legal system,' Alpert said. 'Confessions are not always reliable. Mental illness, coercion or desperation can all lead someone to admit guilt falsely. Without physical evidence to support a confession, courts must proceed with extreme caution. Understanding the psychology behind a confession is essential before treating it as fact.'

Man convicted of killing 'milk carton kid' Etan Patz could be freed after US court ruling
Man convicted of killing 'milk carton kid' Etan Patz could be freed after US court ruling

ITV News

time22-07-2025

  • ITV News

Man convicted of killing 'milk carton kid' Etan Patz could be freed after US court ruling

The man convicted of one of America's most notorious missing child cases may be freed, after the Federal Court overturned his conviction and ordered a new trial. Six-year-old Etan Patz disappeared in 1979 while walking alone to his school bus stop in New York. The boy's disappearance became one of the country's most high-profile cases, with Etan's image among the first pictured on milk cartons. After a decades-long international search for the person responsible, Pedro Hernandez was arrested in 2012 and sentenced to at least 25 years in jail in 2017 for his kidnapping and murder. But the Federal Court has now overturned the guilty verdict, ordering a new trial for the 64-year-old man. The case also sparked a national movement on missing children, including new laws making it easier for law enforcement agencies to share information about missing children and the establishment of a national hotline. The anniversary of Etan Patz's disappearance - May 25 - became the country's National Missing Children's Day. Etan was legally declared dead in 2001, despite his body never being found. But the Federal Court has now overturned Hernandez's guilty verdict, ordering a new trial for the 64-year-old man. Judges have also ordered Hernandez be released from prison unless the new trial can be held within "a reasonable period". Hernandez worked at a convenience store in Etan's Manhattan neighbourhood. He became a suspect in 2012 when police got a tip that Hernandez, who was living in New Jersey at the time, had once spoken to a relative about killing a boy in New York City. There was no physical evidence against Hernandez, but police said that during a seven-hour interrogation, he confessed to attacking Etan. In the recorded statements, Hernandez said he offered a fizzy drink to entice Etan into the basement of the convenience store where he choked him, before placing him, still alive, into a plastic bag and a box, which he left in the street. But lawyers for Hernandez during the trial said they were fake admissions from a man with a mental illness and a very low IQ. The Federal Court overturned the conviction on Monday, saying the judge had given a 'clearly wrong' and 'manifestly prejudicial' response to a jury note during Hernandez's 2017 trial. The Manhattan district attorney's office, which prosecuted the case, said it was reviewing the decision. Former Manhattan District Attorney Cyrus Vance Junior - who oversaw the trial - said Etan's parents may miss out on justice for their son. 'They waited and persevered for 35 years for justice for Etan, which today, sadly, may have been lost,' he said. The 2017 trial had been Hernandez's second after his first trial ended in a deadlocked jury in 2015.

What to know about the 1979 disappearance of Etan Patz and the hunt for his killer
What to know about the 1979 disappearance of Etan Patz and the hunt for his killer

Winnipeg Free Press

time21-07-2025

  • Winnipeg Free Press

What to know about the 1979 disappearance of Etan Patz and the hunt for his killer

NEW YORK (AP) — The 1979 disappearance of Etan Patz helped catalyze a national missing-children's movement. The 6-year-old was one of the first children whose disappearance was publicized in what became a high-profile way: on milk cartons. His case also ushered in an age of parental anxiety. After a decades-long investigation, a former New York City convenience store clerk, Pedro Hernandez, was arrested in 2012. He was convicted of murder and kidnapping in 2017 and sentenced to 25 years to life in prison. But on Monday, a federal appeals court overturned the verdict and ordered a new trial for Hernandez, now 64. Here's what to know about Etan's disappearance and the prosecution: A boy vanishes and a movement begins Etan disappeared while walking to his Manhattan school bus stop alone for the first time on May 25, 1979, igniting an exhaustive search and helping to make missing children a national cause in the United States. The anniversary of his disappearance became National Missing Children's Day. His parents helped press for new laws that established a national hotline and made it easier for law enforcement agencies to share information about missing children. The movement grew after the 1981 kidnapping and killing of 6-year-old Adam Walsh in Florida. Frightened parents soon stopped letting children walk alone to school and play unsupervised in their neighborhoods. Investigation spans decades Etan's body has never been found, but his family had him legally declared dead in 2001. The investigation spanned decades and even reached Israel. Hernandez worked at a convenience store in Etan's neighborhood, and police noted meeting him among many people they encountered while searching. But he wasn't a suspect until 2012, when police got a tip that Hernandez, then living in New Jersey, had once spoken to a relative about killing a boy in New York City. A disputed confession There was no physical evidence against Hernandez, but police said that during a seven-hour interrogation he confessed to attacking Etan. In recorded statements, Hernandez tranquilly recounted offering soda to entice Etan into the basement of the convenience store where Hernandez was then a teenage stock clerk. Hernandez said he choked Etan, put the still-alive boy into a plastic bag and a box and left the box in an alley. Hernandez's lawyers said the admissions were the false imaginings of a man with mental illness and a very low IQ. The defense also urged jurors to consider another longtime suspect who dated a woman who sometimes walked Etan home from school. That man was later convicted of molesting boys in Pennsylvania. He told federal authorities about interacting with a child he was all but sure was Etan on the day the boy vanished. But he was never criminally charged. Prosecutors maintained that Hernandez's confessions were credible and suggested he faked or exaggerated symptoms of mental illness. Appeals court ruling In its ruling Monday, a federal appeals court overturned Hernandez's conviction because of the original judge's response to a jury note during a 2017 trial. The appeal revolved around the police interrogation that Hernandez underwent in 2012. Police said he initially confessed before they read him his rights. Hernandez was then given a legally required warning that his statements could be used against him in court, then repeated his admission on tape at least twice. At the trial, the jury sent a note to the judge asking whether it should disregard the two recorded confessions if it concluded that the first one — given before the Miranda warning — was invalid. The judge answered 'no.' The appeals court ruled that the jury should have gotten a more thorough explanation of its options, which could have included disregarding all of the confessions. The court ordered Hernandez to be released unless he received a new trial within 'a reasonable period.' The 2017 trial had been Hernandez's second; his first ended in a deadlocked jury in 2015.

What to know about the 1979 disappearance of Etan Patz and the hunt for his killer
What to know about the 1979 disappearance of Etan Patz and the hunt for his killer

Hamilton Spectator

time21-07-2025

  • Hamilton Spectator

What to know about the 1979 disappearance of Etan Patz and the hunt for his killer

NEW YORK (AP) — The 1979 disappearance of Etan Patz helped catalyze a national missing-children's movement. The 6-year-old was one of the first children whose disappearance was publicized in what became a high-profile way: on milk cartons. His case also ushered in an age of parental anxiety. After a decades-long investigation, a former New York City convenience store clerk, Pedro Hernandez, was arrested in 2012. He was convicted of murder and kidnapping in 2017 and sentenced to 25 years to life in prison. But on Monday, a federal appeals court overturned the verdict and ordered a new trial for Hernandez, now 64. Here's what to know about Etan's disappearance and the prosecution: A boy vanishes and a movement begins Etan disappeared while walking to his Manhattan school bus stop alone for the first time on May 25, 1979, igniting an exhaustive search and helping to make missing children a national cause in the United States. The anniversary of his disappearance became National Missing Children's Day. His parents helped press for new laws that established a national hotline and made it easier for law enforcement agencies to share information about missing children. The movement grew after the 1981 kidnapping and killing of 6-year-old Adam Walsh in Florida. Frightened parents soon stopped letting children walk alone to school and play unsupervised in their neighborhoods. Investigation spans decades Etan's body has never been found, but his family had him legally declared dead in 2001. The investigation spanned decades and even reached Israel. Hernandez worked at a convenience store in Etan's neighborhood, and police noted meeting him among many people they encountered while searching. But he wasn't a suspect until 2012, when police got a tip that Hernandez, then living in New Jersey, had once spoken to a relative about killing a boy in New York City. A disputed confession There was no physical evidence against Hernandez, but police said that during a seven-hour interrogation he confessed to attacking Etan. In recorded statements, Hernandez tranquilly recounted offering soda to entice Etan into the basement of the convenience store where Hernandez was then a teenage stock clerk. Hernandez said he choked Etan, put the still-alive boy into a plastic bag and a box and left the box in an alley. Hernandez's lawyers said the admissions were the false imaginings of a man with mental illness and a very low IQ. The defense also urged jurors to consider another longtime suspect who dated a woman who sometimes walked Etan home from school. That man was later convicted of molesting boys in Pennsylvania. He told federal authorities about interacting with a child he was all but sure was Etan on the day the boy vanished. But he was never criminally charged. Prosecutors maintained that Hernandez's confessions were credible and suggested he faked or exaggerated symptoms of mental illness. Appeals court ruling In its ruling Monday, a federal appeals court overturned Hernandez's conviction because of the original judge's response to a jury note during a 2017 trial. The appeal revolved around the police interrogation that Hernandez underwent in 2012. Police said he initially confessed before they read him his rights. Hernandez was then given a legally required warning that his statements could be used against him in court, then repeated his admission on tape at least twice. At the trial, the jury sent a note to the judge asking whether it should disregard the two recorded confessions if it concluded that the first one — given before the Miranda warning — was invalid. The judge answered 'no.' The appeals court ruled that the jury should have gotten a more thorough explanation of its options, which could have included disregarding all of the confessions. The court ordered Hernandez to be released unless he received a new trial within 'a reasonable period.' The 2017 trial had been Hernandez's second; his first ended in a deadlocked jury in 2015. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .

Man convicted in infamous 1979 Etan Patz murder could get new trial
Man convicted in infamous 1979 Etan Patz murder could get new trial

USA Today

time21-07-2025

  • USA Today

Man convicted in infamous 1979 Etan Patz murder could get new trial

A federal appeals court determined the man convicted in the 1979 disappearance of 6-year-old Etan Patz should get a new trial or be released from custody in the interim. Pedro Hernandez was sentenced in 2017 to 25 years in prison after confessing to kidnapping and killing Patz in New York City, in what is one of the nation's most notorious child disappearance cases. The decision comes in response to Hernandez's appeal, in which he alleges a jury note was improperly handled during his trial and "prejudiced the verdict." In the July 21 decision from the 2nd U.S. Circuit Court of Appeals, the judge said the state trial court contradicted federal law and ordered Hernandez be released, unless the state goes forward with a retrial in what they determine to be a "reasonable period" of time. Patz went missing on his way to a school bus stop in his Soho neighborhood in May 1979. The widely publicized case was a lightning rod for law enforcement practices nationwide, and he was one of the first missing children ever to appear on a milk carton. Hernandez was a clerk at a store in Patz's neighborhood, and became a suspect decades after the first-grader disappeared, in 2012. Renewed interest in what had become a cold case prompted a relative to tell police Hernandez told a prayer group decades earlier that he'd killed a child. Hernandez's first trial in 2015 ended in a hung jury, while his second trial in 2017 ended with a conviction on charges of murder and kidnapping. The case helped establish National Missing Children's Day on May 25th, and for the creation of a national hotline for missing children. Patz's body has never been recovered, and was legally declared dead in 2001. Kathryn Palmer is a national trending news reporter for USA TODAY. You can reach her at kapalmer@ and on X @KathrynPlmr.

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