Manhattan DA Will Re-Try Suspect In Etan Patz Case For The Third Time

NEW YORK CITY — The Manhattan District Attorney's Office has said it intends to retry a man for the kidnapping and murder of 6-year-old Etan Patz who disappeared in 1979.

Pedro Hernandez, was convicted in 2017, of murdering and kidnapping Patz who disappeared after walking two blocks from his home in SoHo to a school bus stop.

Hernandez's first trial ended in a hung jury. Earlier this year, a federal appeals judge overturned his conviction after finding that the trial judge in the second case had wrongly instructed the jury.

In October, a separate judge gave the district attorney’s office until Dec. 1 to decide on a retrial, which must begin by June 1.

On Tuesday, in a letter, the district attorney's office determined that the "available, admissible evidence" supports prosecuting the defendant on second degree murder and first degree kidnapping charges, according to the New York Times and ABC News.

"The People are prepared to proceed," they added.

Prosecutors and Hernandez's defense attorneys are scheduled to appear in court on December 1.