Wrongfully Convicted Man Set to Go Back to Jail for a Crime He Did Not Commit
Andre Brown, celebrating Christmas with his family after his release from prison for a crime he did not commit
By Dan Murphy
This reporter has known Jeff Deskovic for a long time. Deskovic was jailed for a crime in Westchester that he did not commit and spent 16 years in prison. When he was finally freed, Deskovic got his law license and now works on freeing wrongfully convicted prisoners through the Jeffrey Deskovic Foundation for Justice. So when Deskovic takes a case, he knows the person is innocent, based on his research, investigation, and experience.
Which brings us to Andre Brown, who was freed from prison two years ago after a judge threw out his conviction for two counts of attempted murder.
In December 2022, State Supreme Court Judge David Lewis ruled that Brown’s trial attorney, convicted mafia attorney Thomas Lee, was ineffective for not presenting medical evidence showing that Mr. Brown, due to a previous leg injury, could not have run as the assailant had run.
Additional evidence was also presented that there was an alternative suspect who closely resembled Mr. Brown, who a witness testified had been involved in a shootout with the victims at the same location just four days before.
Brown spent 23 years in jail for a crime he did not commit. He has spent the past two years of his freedom giving back to the community by working at Choice of New York, where he founded a GED program and chess club. He also runs the book club for at-risk youth in the Opportunity For Youth Part in New Rochelle City Court. He has also been reunited with his wife, stepdaughter, and son.
But on Christmas Eve, 2024, the NY Appellate Division reinstated Brown’s conviction, ruling that his attorney’s decision not to present the evidence 25 years ago could have been merely strategic. And the Court of Appeals denied any further appeals, ignoring Judge Lewis’ ruling and thoughtful decision.
Bronx District Attorney Darcel Clark has declined to agree to resentencing, so yes, the unthinkable will happen unless Governor Kathy Hochul gets involved ASAP.
Andre Brown is returning to the Bronx Criminal Courthouse on March 13 to surrender and return to prison and serve the remaining 17 years in jail for a crime HE DID NOT COMMIT.
Attorneys Oscar Michelen, and Deskovic represent Brown. “Even aside from his innocence, given his difference-making work, no purpose is served by him returning to prison. Additionally, it is doubtful he would be sentenced to 40 years today,” said Deskovic.
Mr. Michelen said, “Andre was a model inmate and, since his release, has been a loving husband, and father, and a valuable, contributing member of society. With the current danger and instability of the NYS Prison system, putting him back in jail would serve no purpose; it would expose Andre to potential harm; and it would tear apart a beautiful, vibrant family. We hope that DA Clark will consent to our clemency petition and say that 23 years is enough time, and that Andre deserves the chance to have a future with his wonderful family.”
Deskovic further said, “Gov. Hochul, grant Andre clemency. This is an extraordinary situation with life-altering implications!”
We spoke to Andre Brown, who said, “I am asking the Governor not to rip my family apart. I want to live with my family and raise my children. I did not commit this crime. I am totally innocent. In the two years since my release, I have worked in my communities to change lives and mentor kids. I am reaching out to those with no hope so I can save their lives and help.”
