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

The Manhattan District Attorney's Office announced Tuesday that it intends to retry Pedro Hernandez, the man found guilty of kidnapping and murdering a 6-year-old boy decades ago. 

Etan Patz went missing in 1979 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 25 years to life after being convicted of murder in 2017. His first trial ended in a hung jury in 2015.

"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 statement.

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Hernandez's defense attorneys, Harvey Fishbein and Alice Fontier, told 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 2017 had not received a thorough enough explanation of its options, including that it could ignore Hernandez’s confessions.

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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 found 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 1, or he would ultimately be released.

A court hearing is scheduled for Dec. 1.

Fox News Digital's Brie Stimson contributed to this report.

Migrant teenagers charged in fatal stabbing of homeless man in Chicago

A trio of migrant teenagers were charged in the fatal stabbing of a 49-year-old homeless man in Chicago over the weekend, according to officials.

Wuinayker Rodriguez-Vasquez, 16, was charged as an adult with first-degree murder in connection with the incident that happened on Sunday morning, according to the Cook County State's Attorney's Office. He appeared on Tuesday for a detention hearing, in which a judge ordered him to be held pre-trial.

Two 14-year-olds were also charged — one was charged with first-degree murder and the other was charged with armed robbery. The two 14-year-olds appeared in juvenile court on Monday and were ordered held in custody.

Officials said the victim did not know any of the suspects.

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All three suspects are reportedly from Venezuela.

The Department of Homeland Security told Fox News that records show Rodriguez-Vazquez is believed to have crossed into the U.S. in September 2023 near Eagle Pass, Texas.  He was arrested and released at the time along with his mother.

Assistant State’s Attorney Todd Kleist also said in a court filing in the stabbing case that Rodriguez-Vasquez's contact with Texas law enforcement in 2023 was documented as an "alien inadmissibility" case.

Rodriguez-Vasquez has no prior criminal history in Illinois, according to Kleist.

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Prosecutors said the stabbing attack happened at around 5:45 a.m. on Sunday in the Chicago Loop, where the victim was sleeping near his cat and belongings, including a skeleton mask.

A group that included Rodriguez-Vasquez and the two 14-year-olds allegedly approached the victim while Rodriguez-Vasquez had a knife hidden in his sleeve and another teenager held a metal rod, according to prosecutors.

One of the teenagers grabbed the victim’s mask and ran. When the victim stood up, Rodriguez-Vasquez allegedly kicked him, prosecutors said. One of the 14-year-olds allegedly struck the victim, and Rodriguez-Vasquez is accused of stabbing him in the back, causing him to collapse.

The attack was captured on surveillance video.

The victim was transported to the hospital, where he was pronounced dead. The medical examiner ruled the cause of death a stab wound to the back and the manner of death a homicide.

Police later detained the teenagers after spotting people on camera wearing the same clothing seen in surveillance footage. Rodriguez-Vasquez was found with a knife, and he was later identified by his mother and another member of the group.

Prosecutors said Rodriguez-Vasquez was seen in stills from after the incident "displaying a knife to the group, making stabbing motions, and wearing the victim’s skeleton mask on his head."

A Chicago police source told Fox News this was an especially heinous and cruel murder of an innocent homeless man, saying that it was a "mob style" attack in which some of the suspects were laughing afterward.

Fox News' Patrick McGovern and Mathew Finn contributed to this report.

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