Appellate panel hears claims of new evidence in Andrew Hayes case; court takes matter under advisement

Jason Gishner, lawyer for Andrew Hayes, told a Tennessee appellate panel that new evidence — including five witness affidavits and cell-tower records — establishes grounds for equitable tolling and a hearing on a coram nobis petition.

"We are not here today asking this court to overturn his conviction and let him out of prison. We are asking for much more limited relief," Gishner said, asking the court to assume arguendo the veracity of the new evidence at the tolling stage and to remand for a merits hearing.

Gishner said Hayes, who he described as having a 62 IQ, was convicted largely on a confession obtained after about 27 hours of interrogation that contains factual inconsistencies with the crime scene. He told the court that five witnesses would testify that Sarah Lucas admitted committing the killing and that cell-tower data placed Lucas and co-defendant Tammy Vance at the victim’s apartment when the victim died. Gishner also pointed to…