Hernandez confessed to the crime a year and a half ago, but his lawyer insists it was a false confession from a man who is schizophrenic and bi-polar with a low IQ.
Hernandez remains in custody.
Police have not been able to find any evidence or eyewitnesses linking him to Patz, who was last seen walking to his school bus stop in Manhattan.
Patz, who vanished on May 25, 2979, became one of the first missing children to be pictured on a milk carton.
The anniversary later was named National Missing Children's Day in his memory.
Hernandez, 52, was arrested in May of 2012 after police got a tip that he'd told people years before that he had killed a child in New York City.
Hernandez then told authorities he'd seen Etan at the bus stop, offered the boy a soda to entice him to a corner store where Hernandez worked and choked the boy in the basement. Hernandez said he tossed Etan's book bag behind a basement freezer, put his limp body in a box and left it with some trash about a block away.