Family of man convicted of murder says new hurdle emerged ahead of exoneration hearing

MEMPHIS, Tenn. - The family of a Memphis man wrongfully convicted of murder said a new hurdle has emerged a week before a hearing that could prove his innocence.

Andrew Hayes has served nearly two decades in prison for the 2007 killing of Danny Harris.

Hayes is waiting for his exoneration hearing after the Shelby County District Attorney’s Office said he wasn’t the killer.

He’s been housed at 201 Poplar until recently.

The family’s ability to see Hayes in person at 201 Poplar evaporated when they found out the Tennessee Department of Correction had taken custody of Hayes and moved him back to its prison facility in Northwest Tennessee.

His cousin said she can’t imagine what went through his mind when he found out.

“He got woken up. He’s going back to the place far from our city, he don’t even belong, you know, he don’t belong there!” said Laquita Walker, Hayes’ cousin.

Hayes has spent more than 19 years in prison for a murder he maintains he didn’t commit. Now, new evidence has shaken the case.

But just as freedom appears within reach, delay after delay has kept Hayes behind bars.

A key witness died. Hearings were postponed. And even a courthouse flood got in the way. Now, his family fears justice could be delayed yet again.

“I’m afraid, that they might not let him in. Why not let him come home? But my heart tells me they’re going to have to let him go because he didn’t do this. He did not do this,” said Mary Hayes, Andrew’s aunt.

FOX13 reached out to the Tennessee Department of Correction. The department replied with one sentence: “The inmate was transferred to continue serving his sentence.”

Family members fear for his state of mind.

“So I was thinking his mind state. How devastating! If I was to see how they would push me, they hurt me so bad,” Walker said.

FOX13 also reached out to Hayes’ attorney. Jason Gichner said he learned of the transfer Friday morning and immediately started the process of having his client returned to Shelby County.

“Andrew’s hearing is set for August 24. It’s taken almost 20 years to get an opportunity for the truth to be heard. We are ready and excited to present the evidence in court which proves that Andrew Hayes is innocent,” Gichner said.

Hayes’ family and legal team are holding onto hope that next week’s hearing will change that.

The exoneration hearing at 201 Poplar is set for Monday, Aug. 24.