Manhattan district attorney
Cyrus Vance, Jr. officially reopened the case on May 25, 2010. On April 19, 2012,
Federal Bureau of Investigation (FBI) and
New York City Police Department (NYPD) investigators began excavating the
SoHo basement of 127-B Prince Street, near the Patz home. This residence had been newly refurbished shortly after Etan's disappearance in 1979, and the basement had been the workshop and storage space of a handyman. After a four-day search, investigators announced that there was "nothing conclusive found."
Confession On May 24, 2012, New York police commissioner
Raymond Kelly announced that a man was in custody who had implicated himself in Etan's disappearance. A law enforcement official identified the man as 51-year-old Pedro Hernandez of
Maple Shade, New Jersey, and said that Hernandez had confessed to strangling the child. Hernandez stated in his written confession to police, "I'm sorry, I shoke [sic] him." According to a 2009 book about the case,
After Etan, Etan had a dollar and had told his parents that he planned to buy a soda to drink with his lunch. Hernandez said that he later threw Etan's remains into the garbage. Hernandez was charged with second-degree murder.
Corroborating evidence In 2012, Jose Lopez, a man from
New Jersey, reached out to investigators because he believed that Hernandez, Lopez's brother-in-law, was responsible for Etan's disappearance. Statements by Hernandez's sister, Nina Hernandez, and Tomas Rivera, leader of a
Charismatic Christianity group at St. Anthony of Padua, a
Roman Catholic church in
Camden, New Jersey, indicated that Hernandez may have publicly confessed in the presence of fellow parishioners in the early 1980s to having murdered Etan. According to Hernandez's sister, it was an "open family secret that he had confessed in the church." A New York
grand jury indicted Hernandez on November 14, 2012, on charges of second-degree murder and first-degree kidnapping. His lawyer has stated that Hernandez was diagnosed with
schizotypal personality disorder, which includes
hallucinations. The lawyer has also said that Hernandez has a low
intelligence quotient (IQ) of around 70, "at the border of intellectual disability." In April 2013, Harvey Fishbein, Hernandez's
legal-aid criminal-defense lawyer, filed a motion to dismiss the case, citing that Hernandez's "confession in one of the nation's most notorious child disappearances was false, peppered with questionable claims and made after almost seven hours of police questioning." The next month,
New York Supreme Court Judge Maxwell Wiley ruled that the evidence was "legally sufficient to support the charges" and that the case could move forward. He also ordered a hearing to determine whether the defendant's statements could be used at trial. A September 2014 hearing was conducted to determine whether Hernandez's statements that were made before the police had read the
Miranda rights to him were legally admissible at trial. This would be influenced by whether he felt free to leave during the time before which he was Mirandized. The hearing also sought to determine whether Hernandez understood the significance of his Miranda rights and was competent to waive them when he did so. This was significant because it would decide whether any statements made after that point by Hernandez were legally admissible at trial. The actual truth or falsehood of the statements was not the focus of the hearing; rather, the question of the statements' truthfulness was to be discussed at trial, which began on January 5, 2015. The case resulted in a
mistrial in May 2015 because of a
hung jury that was deadlocked 11 for conviction and 1 against
conviction. A retrial began on October 19, 2016, in a New York City court, with jury deliberations in February 2017. On February 14, Hernandez was found guilty of kidnapping and felony murder. Hernandez faced 25 years to life in prison. On April 18, he was sentenced to life in prison with the possibility of parole after serving at least 25 years. On November 25, Manhattan DA
Alvin Bragg, who had been given until December 1 to decide whether to retry Hernandez, agreed to retry him. The trial must begin by June 1, 2026. Hernandez's lawyers attempted to have the charges dismissed, arguing that a fair trial was impossible due to media coverage, and that prosecutors had waited too long to charge Hernandez. Judge Michele Rodney refused to dismiss the case on April 17, 2026. ==Aftermath==