In yet another reversal to the case, the Maryland Supreme Court on Friday reinstated the murder conviction of Adnan Syed, ordering a new judge to review the evidence that brought about the freedom of the subject of the hit podcast “Serial.”
The state’s high court found, in a 4-3 decision, that Baltimore prosecutors and a judge violated the rights of Young Lee, the brother of Hae Min Lee.
“In an effort to remedy what they perceived to be an injustice to Mr. Syed, the prosecutor and the Circuit Court worked an injustice against Mr. Lee by failing to treat him with dignity, respect and sensitivity,” Justice Jonathan Biran wrote for the majority.
Syed is allowed to remain free pending a new hearing. His attorney, Erica Suter, issued a statement calling the ruling “a roadblock in the way of Adnan’s exoneration.”
“Reinstating Adnan’s wrongful conviction does not provide Hae Min Lee’s family with justice or closure, and it takes a tremendous emotional toll on Adnan’s family, who already lost a son and brother for more than two decades,” Suter wrote.
“We have faith that justice will prevail, and will work tirelessly to clear his name once and for all,” she added.
The decision sets the stage for closer scrutiny of the evidence that led prosecutors to overturn Syed’s conviction. That evidence must again be presented in Baltimore Circuit Court. But this time, the court ruled, Young Lee must be given sufficient notice of the hearing, allowed time to travel to Baltimore from his home in California, and provided an opportunity to challenge the evidence through an attorney.
The justices faulted the office of former Baltimore State’s Attorney Marilyn Mosby and Circuit Judge Melissa M. Phinn for appearing to reach an agreement behind closed doors that Syed’s conviction would be thrown out, without allowing Lee to participate.
The majority found that could lead a “reasonable observer” to infer that the hearing later conducted in open court was a “formality.”
An attorney for the Lee family said the state’s evidence has come up short to overturn Syed’s conviction.
“If there is compelling evidence to support vacating the conviction of Adnan Syed, we will be the first to agree,” David Sanford said in a statement. “To date, the public has not seen evidence which would warrant overturning a murder conviction that has withstood appeals for over two decades. The burden remains on the prosecution and the defense to make their case. So far, they have not done so.”
The court’s ruling also puts the case back in the hands of the Baltimore state’s attorney. That’s now Ivan Bates, not Mosby.
In a previous campaign for state’s attorney, Bates spoke out about Syed’s case and told Rolling Stone he would drop the charges.
Following a news conference in an unrelated case, Bates said he needs to determine whether his office now has a conflict and review the opinions.
“We have to just really take our time and really get it right,” he said.
In a dissenting opinion, Justice Michele D. Hotten wrote that the case “exists as a procedural zombie … reanimated, despite its expiration.”
She argued that, when the case was dropped, the appeal by Lee became moot and that the justices misinterpreted the rights of crime victims.
”The circuit court is not statutorily required to hear from a victim or victim’s representative during vacatur proceedings because those proceedings no longer concern punishing the criminal defendant; rather, those proceedings concern the very basis of the criminal defendant’s guilt — conviction,” she wrote.
Justice Brynja M. Booth, in another dissenting opinion, argued the majority had created “separation of powers concerns,” creating a victim’s constitutional “right to be heard” that was not argued or briefed by the parties and which she said is inconsistent with the plain language of the Maryland Declaration of Rights.
She also said they were rewriting the victims’ rights statutes to provide a right not given by the legislature.
“It is not our role to act as a super legislature when we think our policies are better,” Booth wrote.
Syed, 43, of Baltimore County, has been free for almost two years.
In 2000, Syed was found guilty in Baltimore Circuit Court of first-degree murder, robbery, kidnapping and false imprisonment in the killing of his ex-girlfriend Hae Min Lee and sentenced to life in prison — plus 30 years. Her body was found on Feb. 9, 1999, in Leakin Park in Baltimore. She was 18.
From the start, Syed maintained his innocence. At the time, he was 17.
“Serial” became a cultural sensation when it was released in 2014, igniting a true-crime phenomenon.
The podcast “Undisclosed” and the four-part HBO documentary series “The Case Against Adnan Syed” also examined the case. Syed’s friend, Rabia Chaudry, an attorney, advocate and author, wrote a book called, “Adnan’s Story: The Search for Truth and Justice After Serial.”
Since the case first gained worldwide attention, there have been twists and turns.
The Baltimore State’s Attorney’s Office in 2022 filed a motion to throw out Syed’s conviction, reporting that a nearly one-year investigation had revealed prosecutors withheld exculpatory evidence and unearthed information about two possible alternative suspects.
Phinn, the judge, granted the motion and ordered Syed to be released from prison immediately. “Remove the shackles from Mr. Syed, please,” she declared. He walked out of the Elijah E. Cummings Courthouse in Baltimore into a crowd of cheering supporters.
Young Lee, meanwhile, had asked the judge to delay the hearing for one week so he could travel in from California to attend. Phinn denied his request but allowed him to give a statement over Zoom. “This is not a podcast for me,” he told the judge. “This is real life.”
Prosecutors had 30 days to take action — dismiss the charges or set a new trial date.
Steve Kelly, an attorney who previously represented Young Lee, moved to appeal the decision and asked the courts to put the case on hold.
Mosby, the state’s attorney at the time, then dropped the charges. She pointed to the results of new DNA testing on several items that excluded Syed as a contributor.
In a 2-1 decision, the Appellate Court of Maryland in 2023 ruled that Young Lee’s rights to notice and attendance were violated and moved to reinstate Syed’s conviction. The midlevel appeals court ordered a new hearing. The Maryland Supreme Court’s ruling affirms that decision.
Since he’s been out, Georgetown University has hired Syed to work at its Prisons and Justice Initiative.
Syed previously told reporters he would respect the ruling from the state’s highest court — even if that meant he had to return to prison.
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