Andre Hatchett

The Crime

Shortly before midnight on Feb. 18, 1991, the body of 38-year-old Neda Mae Carter was found in Monroe Street Park in the Bedford-Stuyvesant neighborhood of Brooklyn. 

The Investigation

Earlier that evening, 24-year-old Andre Hatchett had gone to visit his aunt at the rooming house she lived in, as he did nearly every day. During his visit, he spotted Ms. Carter, another resident of the house. Notably, at the time, he wore a cast on his right leg and used crutches.

On Feb. 25, a few days after Ms. Carter’s death, Gerard “Jerry” Williams was arrested on an unrelated burglary charge. He told police that he had information about Ms. Carter’s murder. In a statement, he detailed that he and a woman he knew as “Popeye” had been at a park a few days ago when they heard a woman scream and saw a man swinging his arm over a body on the ground. At first, Mr. Williams claimed that the man was someone the police had already interviewed and had a crutch, but he later stated that he never saw a crutch.

That night, Mr. Hatchett voluntarily came to the police station, where Mr. Williams identified him in a lineup. Despite this identification, Mr. Hatchett was not arrested and was allowed to leave the precinct.

Mr. Williams was also released and helped police find “Popeye,” who was also presented a lineup including Mr. Hatchett. Initially, she was unsure and selected someone else, but then changed her mind and selected Mr. Hatchett. He was arrested that same day and charged with murder.

The Trial

In October 1991, Mr. Hatchett went to trial in Kings County Supreme Court. Mr. Williams testified and identified Mr. Hatchett as the man he saw swinging at the victim. He denied receiving leniency on his burglary charge in exchange for his testimony. “Popeye” was not called as a witness.

At the end of the trial, the judge declared a mistrial because of ineffective assistance of counsel by Mr. Hatchett’s lawyer.

Mr. Hatchett went to trial for a second time in February 1992. Mr. Williams testified again, reiterating that he received no special treatment from prosecutors for his testimony. 

Mr. Hatchett’s lawyers did not present medical records showing that, at the time of the crime, he was on crutches and wearing a leg cast, such that he was physically unable to commit the murder.

On February 19, 1992, the jury convicted Mr. Hatchett of second-degree murder. He was sentenced to 25 years to life in prison.

One month later, the New York Appellate Division Second Judicial Department upheld the conviction and sentence.

The Exoneration

Lawyers from the Innocence Project and the firm of Paul, Weiss, Rifkind, Wharton & Garrison requested that the Kings County District Attorney’s Conviction Review Unit (CRU) re-examine the evidence.

In the prosecution file, the CRU discovered evidence that had not been disclosed to Mr. Hatchett’s defense lawyers at trial: Mr. Williams had initially identified another person as the perpetrator, not Mr. Hatchett. In addition, records indicated that Mr. Williams’ burglary charge had been dismissed, contradicting his claim that he did not receive benefits in exchange for his testimony.

On March 10, 2016, Assistant District Attorney Mark Hale, head of the CRU, filed a motion to vacate the conviction and dismiss the case. “Mr. Hatchett should never have been charged with this homicide,” Mr. Hale said, asserting that the case was a “systemic failure” of the criminal justice system.

In March 2017, Mr. Hatchett filed a federal wrongful conviction lawsuit. In October 2017, the city of New York settled the lawsuit for $12 million. Mr. Hatchett also filed a claim for compensation in the New York Court of Claims and received $2.5 million in 2021.