Nashville, TN, June 17 – Last week, the State of Tennessee filed a motion seeking Thomas Clardy’s return to prison – capping an excruciating period during which Thomas was freed by a U.S. District Court in 2023 after serving 17 years in prison for a crime he did not commit, only to have that decision reversed by a federal appeals court. He now faces an uncertain future, potentially behind bars, again.
The State of Tennessee’s motion comes after the U.S. Supreme Court declined to hear Thomas’ appeal of a January 2025 Sixth Circuit Court of Appeals decision that reversed a lower court’s 2023 order overturning his conviction, leaving him in limbo about his continued freedom.
“The State of Tennessee’s dogged pursuit of injustice in this case is a travesty,” said Jessica Van Dyke, Legal Director of the Tennessee Innocence Project, which has been representing Thomas since 2014. “Despite overwhelming evidence of Thomas’ innocence, the State of Tennessee continues to pursue his imprisonment. The system failed him from the beginning. He has already lost years of his life serving a 17-year prison sentence for a crime he did not commit, and after being free for 19 months and exhibiting exemplary conduct, could now have to return to prison.”
Co-counsel Scott Gallisdorfer of Bass, Berry & Sims has represented Thomas since 2019. Gallisdorfer added: “We believe in Thomas’ innocence, and we will continue to fight to clear his name and secure his freedom.”
It is important to note that the federal Court of Appeals, in reinstating the original conviction, did not consider whether Thomas actually committed the crime, nor did it dispute the weakness of the evidence, taking issue only with the district judge’s application of legal standards in relation to the effectiveness of Thomas’ original attorney’s work.
Since his release in 2023, Thomas has reunited with his family, demonstrated exemplary conduct, remained steadily employed, and deepened connections with his community.
Thomas has always unwaveringly maintained his innocence.
“I spent 17 years in prison for a crime I did not commit, and the past 19 months rebuilding relationships with my family, while living with the possibility that at any moment I could be sent back to prison for that same crime,” said Thomas Clardy. “I will continue the fight to prove my innocence until the justice system recognizes the mistake it has made and sets me free for good.”
Thomas was originally convicted in 2007 for a 2005 triple shooting at an auto body shop in Madison that resulted in the death of one person and injuries to two others.
Thomas was released in October 2023 following a ruling by a federal district judge in Nashville overturning his conviction, while declaring that the case against him was based on “paltry” and “exceedingly weak” evidence. No physical evidence has ever tied Thomas to the crime, no motive was ever presented at trial, and he was at home with his pregnant wife at the time of the shooting.
The case was chiefly based on a cross-racial eyewitness identification by a surviving victim of the shooting, who witnessed the events in the dark of night, acknowledged he only saw the side of the perpetrator’s face, and did not identify Thomas for nearly a month after the shooting. The other surviving victim of the crime identified a completely different individual from a lineup that contained Thomas. Ballistics evidence, uncovered a decade later, linked two guns used in the shooting to two other individuals, completely unrelated to Thomas.
Thomas’ case has been remanded to the federal district court for additional litigation. Meanwhile, Thomas’ attorneys have filed two clemency petitions – a petition for exoneration and a petition for commutation. Governor Bill Lee has the executive power to grant either one.