{"id":41437,"date":"2025-04-24T03:09:00","date_gmt":"2025-04-24T08:09:00","guid":{"rendered":"https:\/\/ustower.net\/?p=41437"},"modified":"2025-04-24T06:48:17","modified_gmt":"2025-04-24T11:48:17","slug":"his-conviction-was-overturned-after-23-years-he-may-go-back-to-prison-on-a-technicality","status":"publish","type":"post","link":"https:\/\/ustower.net\/?p=41437","title":{"rendered":"His conviction was overturned after 23 years. He may go back to prison on a technicality."},"content":{"rendered":"\n<p class=\"has-medium-font-size\">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.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">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.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">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.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">\u201cI 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,\u201d Brown said.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">But Brown\u2019s world came crashing in on Christmas Eve 2024, when the Appellate Division reinstated the conviction on a legal technicality \u2014 meaning he would have to serve the remainder of the 40 years.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">Brown was supposed to turn himself in to Bronx Criminal Court on March 14, but got a temporary reprieve by the district attorney\u2019s office when he filed a clemency petition with New York. Gov. Kathy Hochul. The victims\u2019 families have opposed that petition, which is still being reviewed.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">\u201cThere are three victims in this case, I am the third victim no one ever speaks about, as I did not commit this crime,\u201d Brown told the I-Team. \u201cBut putting that aside at this time, I am no risk to society.\u201d<\/p>\n\n\n\n<p class=\"has-medium-font-size\">There is considerable urgency to get an answer soon from the governor\u2019s office: A new deadline for Brown to turn himself in is on Friday.<a href=\"https:\/\/www.nbcnews.com\/news\/world\/india-will-pursue-perpetrators-kashmir-attack-ends-earth-modi-says-rcna202743\"><\/a><a href=\"https:\/\/www.nbcnews.com\/news\/world\/india-will-pursue-perpetrators-kashmir-attack-ends-earth-modi-says-rcna202743\"><\/a><\/p>\n\n\n\n<p class=\"has-medium-font-size\">While the adjournment Bronx District Attorney Darcel Clark agreed to runs out on Friday, Brown\u2019s attorneys on Wednesday filed a motion asking for more time to argue their case to the governor \u2014 and for the DA to re-sentence the former inmate.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">\u201dWhat we asked Darcel Clark to agree to is to re-sentence Andre to the 23 years he\u2019s already served,\u201d said Oscar Michelen. \u201cIn today\u2019s 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.\u201d<\/p>\n\n\n\n<p class=\"has-medium-font-size\">The effort has gotten support from wrongfully convicted exonerees and the NAACP New York State Conference.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">Brown\u2019s 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.<\/p>\n\n\n\n<p class=\"has-medium-font-size\">\u201cIt\u2019s really scary understanding that the metal cuffs may go back on, going back behind the bars, and ultimately leaving my family,\u201d he said. \u201cI\u2019m terrified. I\u2019m actually terrified of going back behind those walls.\u201d<\/p>\n\n\n\n<p class=\"has-medium-font-size\">The DA\u2019s office said they would not comment on the matter. The case is slated to be heard in court on Friday.<\/p>\n\n\n\n<p class=\"has-medium-font-size\"><a href=\"https:\/\/www.nbcnews.com\/news\/us-news\/conviction-was-overturned-23-years-may-go-back-prison-technicality-rcna202739\">nbcnews<\/a><\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":7,"featured_media":41438,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1154],"tags":[1682,1586,27363],"class_list":["post-41437","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-trending","tag-housing","tag-price","tag-slowdown"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/41437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=41437"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/41437\/revisions"}],"predecessor-version":[{"id":41439,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/41437\/revisions\/41439"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/41438"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41437"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41437"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}