Judge Denies Dismissal of 1979 Etan Patz Disappearance Case, Setting Up Third Trial

Decades-old case against Pedro Hernandez will move forward despite defense arguments.

Apr. 18, 2026 at 2:57am

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An extreme close-up of a crumpled, weathered milk carton with a faded image of a young boy's face, lit by a harsh, direct camera flash against a pitch-black background, creating a stark, gritty, investigative aesthetic.The iconic milk carton image that helped launch the national missing children's awareness campaign remains a haunting symbol of the Etan Patz case's enduring legacy.NYC Today

A New York judge has denied a request to dismiss the case against Pedro Hernandez, the man charged with the 1979 abduction and murder of 6-year-old Etan Patz. The decision sets the stage for a third trial in the high-profile case, which has captivated the nation since Etan's disappearance on his way to a school bus stop over 40 years ago.

Why it matters

The Etan Patz case was one of the first to raise national awareness about missing children, with Etan's face appearing on milk cartons across the country. The case's longevity and the legal battles over Hernandez's confessions have sparked debates about false confessions, mental illness, and the challenges of prosecuting cold cases.

The details

Hernandez, a former convenience store clerk in Etan's neighborhood, was arrested in 2012 after telling police he had strangled the boy in the store's basement. Hernandez's lawyers have argued that his confessions were the product of a mentally ill and intellectually limited man, and that he cannot get a fair trial due to the extensive media coverage. However, the judge ruled that the court will work to ensure an impartial jury can be selected.

  • Etan Patz disappeared on May 25, 1979, the first day his mother allowed him to walk the two blocks to his school bus stop alone.
  • Hernandez was arrested in 2012, over 30 years after Etan's disappearance.
  • Hernandez's first trial ended in a deadlock in 2015, and his second trial resulted in a conviction in 2017, which was later overturned on appeal in 2021.

The players

Pedro Hernandez

A 65-year-old former New York convenience store clerk who was charged with the 1979 abduction and murder of 6-year-old Etan Patz.

Judge Michele Rodney

The New York judge who denied the request to dismiss the case against Hernandez, setting up a third trial in the decades-old disappearance.

Etan Patz

A 6-year-old boy who disappeared on his way to a school bus stop in New York City in 1979, sparking a national missing children's awareness campaign.

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What they’re saying

“The court will carefully work, together with the parties, to ensure that jurors are selected who promise to be fair and to consider only the evidence and the law, despite what they have learned about the case from the media.”

— Judge Michele Rodney, New York Judge

“Something just took over me.”

— Pedro Hernandez

What’s next

Hernandez is due back in court in June for a status update, and a trial date has not yet been set.

The takeaway

The Etan Patz case has captivated the nation for over four decades, raising awareness about missing children and sparking debates about false confessions and the challenges of prosecuting cold cases. The upcoming third trial will test the legal system's ability to deliver justice in a case with such extensive media coverage and a defendant whose mental state has been called into question.