Andre Brown had his conviction overturned after serving more than half of the sentence behind bars. But after three years of freedom, he may be heading back to prison, unless top officials intervene.
Brown spent 23 years locked up after being sentenced to 40 years for two counts of attempted murder in 1999, but he always maintained his innocence. A Bronx judge overturned the conviction in 2022, citing ineffective assistance of counsel.
That allowed Brown, who trained as a paralegal, to begin a new life with his wife and two children in Connecticut, where he gave back to the community.
Imagine being freed after nearly two decades in prison, only to find out you may be going back behind bars because of a legal technicality. That’s the harsh reality that confronted former inmate Andre Brown. But late Wednesday, there was another sudden twist in the case. NBC New York’s Sarah Wallace reports.
“I was able to come out, fortunately, from that hell. And when I came out, immediately I was able to work with justice-impact youth, from the ages of 16 to 24,” Brown said.
But Brown’s world came crashing in on Christmas Eve 2024, when the Appellate Division reinstated the conviction on a legal technicality — meaning he would have to serve the remainder of the 40 years.
Brown was supposed to turn himself in to Bronx Criminal Court on March 14, but got a temporary reprieve by the district attorney’s office when he filed a clemency petition with New York. Gov. Kathy Hochul. The victims’ families have opposed that petition, which is still being reviewed.
“There are three victims in this case, I am the third victim no one ever speaks about, as I did not commit this crime,” Brown told the I-Team. “But putting that aside at this time, I am no risk to society.”
There is considerable urgency to get an answer soon from the governor’s office: A new deadline for Brown to turn himself in is on Friday.
While the adjournment Bronx District Attorney Darcel Clark agreed to runs out on Friday, Brown’s attorneys on Wednesday filed a motion asking for more time to argue their case to the governor — and for the DA to re-sentence the former inmate.
”What we asked Darcel Clark to agree to is to re-sentence Andre to the 23 years he’s already served,” said Oscar Michelen. “In today’s society, we know that locking people up and warehousing them for the rest of their lives does nothing to make society safere. And Andre would not have gotten a 40-year sentence today for an attempted murder charge.”
The effort has gotten support from wrongfully convicted exonerees and the NAACP New York State Conference.
Brown’s face hid a jumble of emotions as the 48-year-old looked at the courthouse on Wednesday where he is supposed to surrender in two days to serve 17 more years in prison, tearing apart his family.
“It’s really scary understanding that the metal cuffs may go back on, going back behind the bars, and ultimately leaving my family,” he said. “I’m terrified. I’m actually terrified of going back behind those walls.”
The DA’s office said they would not comment on the matter. The case is slated to be heard in court on Friday.
