The Manhattan District Attorney's office has requested intervention from the U.S.
Supreme Court regarding the retrial of Pedro Hernandez, who was convicted of murdering Etan Patz.
Hernandez's conviction was overturned by a federal appeals court due to a trial judge's error, which has created uncertainty about whether he will be retried or released.
Meanwhile, prosecutors have asked a federal judge for 90 days to decide on pursuing a new trial, while defense attorneys argue that only 30 days should be granted.
The judge is expected to make a decision on the timeframe soon.
Etan Patz disappeared in 1979 while walking to school in the SoHo neighborhood of New York City.
His case became nationally significant as he was the first missing child to have his face featured on a milk carton, influencing how missing children cases are handled across the United States.
Hernandez, now 64, is serving a 25-year-to-life sentence after being convicted in 2017 of kidnapping and murdering Patz.
His conviction was based primarily on his confessions, as there was no physical evidence linking him to the crime.
Hernandez's trial was his second, following a hung jury in the first.
His confessions, which were central to the prosecution's case, were made after prolonged police questioning.
Hernandez has a documented history of mental illness and a low IQ, which his defense argues affected his ability to distinguish reality from fantasy.
After his initial confession, police administered Miranda warnings and recorded subsequent confessions on video, including one to an assistant district attorney.
During jury deliberations, questions arose about the validity of Hernandez's confessions, particularly whether the jury should disregard confessions made before he was read his rights if those confessions were deemed involuntary.
The judge instructed the jury that they should not disregard the later confessions, a ruling the federal appeals court found to be clearly wrong and prejudicial.
As a result, the court ordered that Hernandez must be either retried or released within a reasonable time frame.
The case continues to draw attention due to its historical significance and the legal complexities surrounding Hernandez's confessions and mental health.
The Manhattan DA's appeal to the Supreme Court and the ongoing deliberations over the retrial timeline highlight the challenges in resolving this decades-old case.