New York Governor Kathy Hochul is considering a clemency application for Andre Brown, a Bronx man whose conviction was vacated in 2022 after serving 23 years in prison for attempted murder.
But recently, the ruling was overturned, placing him at risk of returning to prison for another 18 years.
Brown, who has maintained his innocence, was granted a 30-day adjournment, temporarily delaying his surrender while the governor reviews his case.
Conviction Vacated, Then Reinstated
Brown was originally convicted on two counts of attempted murder and sentenced to 40 years in prison. In 2022, a court vacated his conviction, citing ineffective assistance of counsel, and he was released.
However, in a devastating turn, an appellate court recently reinstated his conviction, requiring him to return to prison unless granted clemency.
“This is unconscionable,” Brown told NBC News.
He said he is in constant disbelief at the possibility of being separated from his wife and children once again.
His attorney, Oscar Michelen, has vowed to continue fighting for his freedom.
A Life Rebuilt, Now at Risk
Since his release, Brown has become a productive member of society, working for a judge and mentoring at-risk youth. He also obtained a paralegal certification while incarcerated, demonstrating his commitment to rehabilitation.
His wife, family, and legal team argue that sending him back to prison serves no purpose for justice or public safety.
“There is no agenda of the criminal justice system that is furthered by putting Andre back in prison,” Michelen said. “He has already served 23 years.”
Brown’s case also raises broader concerns about the New York State prison system, which has recently faced a crisis due to staffing shortages, allegations of abuse, and high-profile deaths of incarcerated individuals.
Clemency Decision Could Be Life-Changing
Governor Hochul has three options: uphold the reinstated conviction, grant clemency and declare Brown an innocent man, or consider his time served and release him under parole supervision. The governor’s office has not commented on the pending application.
Brown’s family, including his young son, is pleading for mercy. “He needs that male figure in his life,” said Brown’s stepdaughter, who fears for her brother’s future if their father is taken away again.
With his new court date set for April 17, Brown and his supporters are in a race against time, hoping Governor Hochul will intervene to prevent his return to prison.
