| Third Trial for 1979 Murder
of Etan Patz Must Begin June 2026
Or Hernandez Is To Be Freed
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Oct 17 – When will Pedro
Hernandez be retried for the
1979 kidnapping and murder of
Etan Patz? Will he be
re-tried?
These questions
were the subject of a hearing
on October 14 before U.S.
District Court for the
Southern District of New York
Judge Colleen McMahon. Inner
City Press was there. Thread:
ADA Colangelo
[here as in NY v. Trump for
the Office of DA Bragg]: The
People are not in a position
to says if a retrial is
feasible. We have six people
reaching out to past
witnesses.
Judge: I don't
think I can issue a writ that
doesn't name a drop-dead trial
date
ADA Colangelo:
I'd like one year after
Supreme Court action.
Hernandez's
lawyer [and former AUSA]
Edward Diskant: My client
deserves a fast retrial.
They've had time to figure out
if the new US Attorney wants
to proceed with a retrial. Mr
Hernandez' state court lawyers
are here today NYS case lawyer
Harvey Fishbein:
I am prepared to go the
Administrative Judge today to
be reappointed as 18(b)
counsel, nunc pro tunc.
ADA Collangelo:
We ask for 90 days to say if
we'll retry. Judge: I'll rule
later
And she did,
docketed October 17:
"CONDITIONAL WRIT OF HABEAS
CORPUS: A reasonable period
for preparing this case for
retrial extends from July 21,
2025 (the date on which the
Second Circuit issued its
decision) to and including
June 1, 2026. If jury
selection does not commence by
June 1, 2026, Hernandez must
be released pursuant to the
writ. In accordance with the
directive of the United States
Court of Appeals for the
Second Circuit, the issuance
of the conditional writ is
without prejudice to
Petitioner's rearrest in the
event he is released pursuant
to the writ." - 8 page order
on Patreon here
More on X for
Subscribers here
and Substack here
The case is
Hernandez v. McIntosh,
1:22-cv-2266 (McMahon)
***
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