Another judge steps aside as Andrew Hayes waits for ruling on wrongful conviction claim

MEMPHIS, Tenn. (WMC) - Andrew Hayes is still waiting for a court to decide whether his murder conviction will be overturned. Now, he must wait for another judge to take up his case.

A Shelby County Criminal Court judge recused herself Thursday after the case was assigned to her following Judge Lee Coffee’s decision to step aside last week. The judge had previously recused herself from the case in 2013 after receiving information about it outside of court.

The case will now go back to the clerk’s office for another random assignment. No new judge or hearing date has been confirmed.

The latest development comes nearly 10 months after Shelby County District Attorney Steve Mulroy announced that his office’s review found Hayes was wrongfully convicted in the 2007 killing of Danny Harris. Mulroy has maintained that position as Hayes’ family and attorneys have waited through postponed hearings, an evidentiary hearing and now another judicial recusal.

Hayes’ conviction has not been overturned. A judge must still rule on his request for post-conviction relief.

January: DA announces wrongful conviction finding

Hayes was convicted in 2010 in connection with the killing of Harris, 55, in a Cordova apartment. The Tennessee Innocence Project has argued that Hayes, who has an intellectual disability, falsely confessed after a 27-hour interrogation and that his account conflicted with physical evidence.

In January, Mulroy announced that the DA’s Justice Review Unit had concluded Hayes was wrongfully convicted. His office said prosecutors would not oppose Hayes’ request to vacate the conviction.

The review pointed to Tammy Vance and her daughter, Sarah Lucas, as responsible for Harris’ death. Vance had pleaded guilty in the case and later died in prison. Lucas, also known as Sarah Lucas Riedel, was charged in January; she died in February before she could be arraigned, and was never tried on that charge.

Mulroy has said prosecutors have an ethical obligation to address wrongful convictions, not just to prosecute the guilty.

“Our responsibility is not just to make sure that guilty people get punished, but also equally important to make sure that innocent people are not wrongfully punished,” Mulroy told Action News 5 in November. He said his office would continue litigating the case and fulfilling its ethical responsibility under Rule 3.8 “to take appropriate action to correct miscarriages of justice.”

February through July: Recusal, flooding and a family’s frustration

By February, another judge, Raymond Lepone, had recused himself, and an appearance planned that month was disrupted. Hayes’ case continued to face delays over the following months.

A hearing scheduled for June 29 was canceled after flooding at the Shelby County Criminal Justice Center at 201 Poplar.

In July, Hayes and his family told Action News 5 they were frustrated that he remained behind bars despite the DA’s conclusion.

“This is pure hell, bro. You know what I’m saying? I’m tired, man,” Hayes said during a prison phone call with Action News 5.

His mother, Flora Hayes, questioned why his release had not happened sooner.

Mulroy said at the time that his office agreed with the family that Hayes should be released as soon as practicable. While some delays, including the flooding, were unavoidable, Mulroy said prosecutors were ready to participate in a post-conviction hearing and would continue to argue Hayes should be released.

August: Evidence heard, but no decision

After five postponements, Hayes’ evidentiary hearing began before Coffee in late August.

Defense attorney Jason Gichner presented evidence including phone records, bank transactions, pacemaker data and recordings attributed to Lucas. Gichner argued that the evidence undermined the original prosecution theory and showed Hayes was not involved. Prosecutors said they did not oppose the relief Hayes was seeking, while noting they would examine weaknesses in the evidence.

Harris’ son, Stephen Harris, testified that he had developed a relationship with Lucas and recorded statements in which she implicated herself and her mother and said Hayes was not involved. Chief prosecutor Monica Timmerman also testified that she would not have charged Hayes knowing what prosecutors know now.

Hayes took the stand, telling the court that hearing the recordings felt like an answer to his prayers.

“If I get a second chance to be reunited with my family that I think I can do good in the world,” Hayes testified. “You know, I think I can make a change.”

Coffee did not issue a ruling when testimony ended Aug. 26. He said he needed more time to review the evidence presented at the hearing, along with Hayes’ trial and appeals. The judge also said he was not entirely certain Hayes was wrongfully convicted and questioned the DA’s role in challenging the conviction.

“We remain convinced by the evidence that Mr. Hayes was wrongfully convicted,” the DA’s office said in response, adding that it believed the district attorney’s office was the appropriate office to participate at the trial-court level. Coffee and prosecutors differed on that legal issue; the disagreement did not itself resolve Hayes’ petition.

October and November: Two more judges step aside

At an Oct. 9 court appearance, the case was reset for Nov. 6 without a decision on Hayes’ request.

On Nov. 6, Coffee granted a request to recuse himself after Hayes’ attorneys and the DA’s office raised concerns about impartiality. Coffee denied any subjective prejudice, but said he was stepping aside to avoid even an inference of impropriety.

“There’s no subjective prejudice on this court at all,” Coffee said. “In fact, I could have denied this request without even giving you a hearing. All this had done is delay your case, Mr. Andrew Hayes.”

Attorney Michael Working, who appeared in court Thursday standing in for Hayes’ legal team, said Coffee’s prior comments questioning the Justice Review Unit and whether the case could be reopened raised concerns about whether he could be neutral. Coffee denied wrongdoing when he stepped aside.

The case was then randomly assigned to Division IV. But the judge there had already recused herself from Hayes’ case in 2013 after receiving an outside communication about his claimed innocence, Working said. She recused herself again Thursday, and the case will return to the clerk for a new random assignment.

Working said that when a judge steps aside, the clerk randomly assigns the case to another court division. He said the earlier recusal was discovered when attorneys reviewed the case record after the new assignment.

For Hayes and his family, the latest reassignment means more waiting for a decision on whether his conviction will be overturned.

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