Manhattan DA to retry Etan Patz's killer after conviction in deadly 1979 kidnapping was overturned

The Manhattan District Attorney's Office declared Tuesday that it intends to retry Pedro Hernandez the man discovered guilty of kidnapping and murdering a -year-old boy decades ago Etan Patz went missing in after he walked to his bus stop alone for the first time in New York City He was one of the first missing children to appear on milk cartons Hernandez confessed to the crime nearly three decades later and was sentenced to years to life after being convicted of murder in His first trial ended in a hung jury in The District Attorney has determined that the available admissible evidence supports prosecuting defendant on the charges of Murder in the Second Degree and Kidnapping in the First Degree in this matter and the People are prepared to proceed Manhattan Assistant District Attorney Sarah Marquez wrote in a message BOSTON STRANGLER'S UNHEARD CONFESSION TAPES CAST NEW DOUBT ON 'AMERICA S JACK THE RIPPER' VICTIM'S NEPHEWHernandez's defense attorneys Harvey Fishbein and Alice Fontier stated the Associated Press they remain convinced that Mr Hernandez is an innocent man But we will be prepared for trial and will present an even stronger defense the pair of attorneys added The U S Court of Appeals for the Second Circuit overturned Hernandez s conviction in July finding that the jury in had not received a thorough enough explanation of its options including that it could ignore Hernandez s confessions MANGIONE DEFENSE BAND ACCUSES POLICE OF FABRICATING MOTHER'S QUOTE IMPLICATING HIM IN CEO MURDER SITUATION Years before his conviction Hernandez admitted to police that he lured Patz into the basement of the convenience store where he worked Prosecutors claimed Hernandez choked Patz stuffed his body into a plastic garbage bag hidden inside a box and took it out with the trash The appeals court detected that the trial judge had issued clearly wrong and manifestly prejudicial instructions to the jury in response to a question about the suspect s confessions to police In October Judge Colleen McMahon of the U S District Court for the Southern District of New York ruled that Hernandez must receive a third trial by June or he would ultimately be published A court hearing is scheduled for Dec Fox News Digital's Brie Stimson contributed to this review