MEMPHIS, Tenn. – A Shelby County criminal court judge stepped aside Thursday, leaving Andrew Hayes’ request to overturn his murder conviction in limbo. The case will return to the clerk’s office for a new random assignment, and no new hearing date has been set.
Background and DA’s findings
Hayes was convicted in 2010 for the 2007 killing of 55‑year‑old Danny Harris in a Cordova apartment. The Tennessee Innocence Project argues Hayes, who has an intellectual disability, gave a false confession after a 27‑hour interrogation that conflicts with physical evidence.
In January, Shelby County District Attorney Steve Mulroy announced that his Justice Review Unit concluded Hayes was wrongfully convicted. Mulroy said prosecutors would not oppose Hayes’ request to vacate the conviction and emphasized the office’s ethical duty to correct miscarriages of justice under Rule 3.8.
Series of judicial recusal
The case has faced repeated setbacks. In February, Judge Raymond Lepone recused himself, and a planned appearance that month was disrupted. A June hearing was canceled after flooding at the Shelby County Criminal Justice Center at 201 Poplar.
In August, Judge Lee Coffee presided over an evidentiary hearing. Defense attorney Jason Gichner presented phone records, bank transactions, pacemaker data and recordings attributed to Sarah Lucas, the alleged mastermind. Prosecutors did not oppose the relief but said they would examine weaknesses in the evidence. Judge Coffee did not issue a ruling, stating he needed more time to review the extensive record.
Recent recusal and next steps
On Oct. 9 the case was reset for a Nov. 6 hearing, but Judge Coffee recused himself on that date, citing concerns about impartiality after the DA’s Justice Review Unit questioned the case’s reopening. He denied any subjective prejudice but said stepping aside avoided any inference of impropriety.
Attorney Michael Working, representing Hayes, noted that the judge previously recused herself in 2013 after receiving outside communication about Hayes’ claimed innocence. She recused again Thursday, prompting another random reassignment.
Family’s frustration and DA’s response
Hayes and his family have expressed deep frustration. Hayes told Action News 5, “This is pure hell, bro… I’m tired, man,” during a prison phone call. His mother, Flora Hayes, questioned why his release has not occurred sooner.
Mulroy reiterated the DA’s position, stating the office believes Hayes should be released as soon as practicable and is prepared to argue for his freedom at a post‑conviction hearing.
What’s next?
The case will be randomly assigned to another division, and a new judge will be selected. Hayes and his attorneys await a decision that could overturn a conviction many believe was fundamentally flawed.
Original reporting: Action News 5 WMC (Gray) — read the source article.
