Serial's Adnan Syed gets new trial

[Spurminator]

Interesting news for those of you who listened to Serial.

http://www.baltimoresun.com/news/mar...630-story.html

Conviction vacated, new trial granted for Adnan Syed of "Serial

Justin Fenton and Justin GeorgeContact ReportersThe Baltimore Sun
New trial granted for Adnan Syed of "Serial"

A Baltimore judge has vacated the murder conviction of Adnan Syed, the subject of the popular "Serial" podcast that explored his case, and granted his request for a new trial.

The order from retired Judge Martin Welch was handed down Thursday afternoon. Syed has been serving a life sentence since being convicted in 2000 of killing ex-girlfriend Hae Min Lee, a Woodlawn High School classmate, and burying her body in Leakin Park.

Welch wrote in his opinion that Syed's trial attorney "rendered ineffective assistance when she failed to cross-examine the state's expert regarding the reliability of cell tower location evidence."

"The court finds that trial counsel's performance fell below the standard of reasonable professional judgment when she failed to cross-examine the state's cell tower expert regarding a disclaimer obtained as part of pre-trial discovery," Welch wrote.

Syed's attorney, C. Justin Brown, broke word of the judge's ruling on Twitter. "WE WON A NEW TRIAL FOR ADNAN SYED! #FreeAdnan," he wrote. At a news conference Thursday evening, Brown said he would work to get Syed freed on bail.

Reached by phone, Syed's brother Yusuf said the family was "feeling great."



"I had a feeling in my heart it was going to happen," he said. "We are just very happy. It's not only a win for us but a win for a lot of people who are stuck in the system because it opened a lot of people's eyes about the justice system."

The ruling comes four months after a post-conviction hearing at which Syed's attorneys argued that a crucial alibi witness and questionable cellphone records were wrongly overlooked by his original trial lawyer.

The Maryland attorney general's office maintained that Syed was a calculated killer whose conviction was the only possible outcome. Deputy Attorney General Thiru Vignarajah said he knew the state's position was "not popular" but was correct.

During the proceedings in February, Lee's family spoke out, issuing statements read by Vignarajah that said it was "more clear than ever" that Syed was guilty and that the hearing was reopening old wounds.
"It remains hard to see so many run to defend someone who committed a horrible crime, who destroyed our family, who refuses to accept responsibility, when so few are willing to speak up for Hae," the family said in a statement. "Unlike those who learn about this case on the Internet, we sat and watched every day of both trials."

The Serial podcast was downloaded millions of times and became a sensation. But it was a spinoff podcast, "Undisclosed," that uncovered a fax cover sheet regarding the reliability of cell phone tower evidence that Welch in his ruling said swayed him that a new trial should be ordered.

Rabia Chaudry, a family friend of Syed who brought the case to the attention of Serial producer Sarah Koenig, co-hosted the "Undisclosed" podcast and she was still processing the news.

"I'm overwhelmed. This is what we all wanted," she said. "We're overwhelmed, overjoyed, and we're ready. We're going to fight."

Chaudry said she expects the state to appeal Thursday's decision but said prosecutors will have to eventually decide whether to re-try the case, offer a plea or drop the charges.

Welch was not swayed by the testimony of alibi witness Asia McClain, citing the phone records and trial testimony of Jay Wilds, an acquaintance of Syed's, who said he helped him bury Lee's body in Baltimore's Leakin Park. He cooperated with investigators in exchange for avoiding prison time.

McClain testified that she saw Syed at a library at the time prosecutors say Lee was killed.

"Together, Wilds's testimony and [Syed's] cell phone records created the nexus between [Syed] and the murder," Welch wrote. "Even if trial counsel had contacted McClain to investigate the potential alibi, McClain's testimony would not have been able to sever this crucial link."

Welch acknowledged the popularity of the "Serial" case, which he said he did not listen to because it was not part of the case evidence.

"This case represents a unique juncture between the criminal justice system and a phenomenally strong public interest caused by modern media," Welch wrote. "Regardless of the public interest surrounding this case, the court used its best efforts to address the merits of [Syed's] pe ion for post-conviction relief like it would in any other case that comes before the court, unfettered by sympathy, prejudice, or public opinion."

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[SpursforSix]

Jesus Christ. Could he have at least come out looking less Muslim? This thing is going to be politicized to .