DA says Memphis man should be free — yet he’s still behind bars 19 years later

MEMPHIS, Tenn. - As millions of Americans prepare to celebrate independence and freedom this Fourth of July, Andrew Hayes remains locked behind prison walls, waiting for something he said has been denied to him for nearly two decades: justice.

Nineteen years after beginning a prison sentence for a murder prosecutors now believe he did not commit, Hayes is still fighting for his freedom. And despite a growing mountain of evidence supporting his innocence — including a confession from a woman tied to the killing — his case remains trapped in legal limbo.

The question haunting supporters, attorneys, and even the Shelby County District Attorney’s Office is simple:

If the state believes Andrew Hayes was wrongfully convicted, why is he still in prison?

Hayes was convicted in 2010 for the 2007 killing of Danny Harris inside a Cordova apartment. But years after the conviction, a stunning development began unraveling the state’s case.

According to attorneys with the Tennessee Innocence Project, key evidence surfaced after Harris’ own son conducted his own investigation into his father’s death. That effort ultimately led to a confession from a woman prosecutors said was involved in the crime.

Momentum for Hayes’ exoneration accelerated in recent months when attorneys obtained a recorded confession from Sarah Lucas Riedel, who was extradited from Oklahoma to face charges connected to the murder.

According to Hayes’ legal team, Riedel admitted she helped her mother, Tammy Vance, kill Danny Harris in 2007 and said Hayes was not involved.

But just as the confession appeared poised to be presented before a judge in Shelby County, another devastating twist struck the case.

“We were in court earlier this week on Monday with our team, with the witnesses, people who'd flown in from around the country prepared to move forward with our evidence of innocence,” Hayes' attorney Jason Gishner said. “And unfortunately, the courthouse flooded and they shut the court down.”

Then came another setback.

“She passes away,” Gishner said of Riedel. “She was scheduled to be arraigned on the facilitation of murder charges the next morning. And I believe it was the day before when she passed away.”

The delays have only deepened frustration for Hayes and those fighting on his behalf.

In January, Shelby County District Attorney Steve Mulroy publicly announced that his office agreed Hayes’ conviction should be vacated. Six months later, Mulroy said that position has not changed.

“It’s our official position in the DA’s office that the defense is absolutely correct here,” Mulroy said. “This is a miscarriage of justice that occurred 13 years ago. This is a man who's been wrongfully in prison for that period of time. And the most appropriate thing is that he be released as soon as possible.”

Yet Hayes remains incarcerated.

Asked why, Mulroy pointed to the limits of his authority.

“Only a judge has the power to release the defendant,” Mulroy said. “The defendant has filed a proper post-conviction petition to get him declared innocent and get him released. We are not opposing it. But until a judge rules on it, he has to stay in prison.”

For Hayes, every day behind bars represents more time lost — time that can never be recovered if the courts ultimately determine he was wrongfully convicted.

For his attorneys, the fight is far from over.

“It's been hard and it's been frustrating,” Gishner said. “But just remember, this has been a 20-year fight, and we're not going to stop. We're going to keep fighting till we get to go to court, till we get to present that evidence, till the truth is heard.”

Now, the next chapter in Hayes’ battle is set for August, when attorneys are expected to finally present evidence tied to the confession that has become the centerpiece of his innocence claim.

Until then, a man prosecutors said should be freed remains in a prison cell while the legal system decides whether justice delayed will become justice denied.

FOX13 will continue following developments in the Andrew Hayes case and provide updates as they become available.