Serial update - Adnan gets a new trial

[Deleted]

On my phone now so no links but OMG the post conviction relief hearing ruling came in today - new trial for Adnan!

I am going to need to take a sabbatical from work if prosecution actually goes forward with a new trial. ZOMG.

[bostonmichelle]

Tagging scm1011.

So what are the thoughts on him actually having a new trial? I forget how the procedure works from the podcasts but they would have to retry him or he goes free, correct?

[scm1011]

AHHHHHHHHHH!!!!

I don't know how any of this works, but I'm so excited! I'm not 100% convinced of his innocence, but I absolutely think he deserves a new trial and can't wait to watch this play out.

[Deleted]

Jun 30, 2016 17:10:37 GMT -5 bostonmichelle said:

Tagging scm1011.

So what are the thoughts on him actually having a new trial? I forget how the procedure works from the podcasts but they would have to retry him or he goes free, correct?

As I understand it we have 3 likely options:

Prosecution decides to try him for the murder of Hae Min Lee - new trial happen s and I must take a leave of absence from my job and move to Baltimore to sit in the courtroom a la OJ

Prosecution tries for a plea agreement (which could include an Alford plea, whereby Adnan agrees to be guilty legally but his sentence is equivalent with time served - 17 yrs - Adnan is a free man but has a record and is considered guilty and a felon, and case is not reopened for investigation by cops most likely)

Prosecution does not retry - they could even decide that Baltimore needs to reinvestigate (the cops could ) - Adnan walks free!!!!!!!!

[Deleted]

Jun 30, 2016 17:38:40 GMT -5 RockNVoll said:

Wow, that's incredible. If it weren't for Serial, none of this would be happening.  How soon before we know what happens next?

I dont know!!!!!! Dying. Dying.

Tomorrow I expect we will have much more legal analysis and speculation one next steps. I haven't been able to get my hands on his attorneys press conference vid yet - that may have some info. Baltimore Sun is doing a great job on coverage so I will keep an eye on their site and the reporters that have been covering Syed. This is stunning news in a great way!

[womet]

Apparently the evidence that made this happen was the cell phone cover sheet that Susan Simpson discovered for the Undisclosed podcast.

[Deleted]

A little more detail - here's the periscope video of C. Justin Brown's press conference (his attorney):

womet - I know!  I can't believe it!

Adnan's team put forth 3 (eta) arguments - all but 1 were DENIED.  The fourth argument - hinging on new evidence that Susan Simpson dug up - was the only one that the decision hinged on!

I have downloaded the decision and am reading it now - its just under 60 pages.

Prosecution can also appeal this decision, btw - Justin ran right at that.  I teared up listening to Justin describe Adnan's brother's reaction to the decision.

[Deleted]

Here's a quick take from another member of the "Undisclosed" podcast team - the Undisclosed team created their podcast following the conclusion of Serial. Rabia (who brought the story to Sarah & this American Life / Serial) is also on Undisclosed, along with Susan Simpson (finder of the cell phone evidence), and Colin (who wrote this blog - also a law prof)

lawprofessors.typepad.com/evidenceprof/2016/06/today-judge-martin-welch-granted-adnan-a-new-trial-judge-welch-reached-this-conclusion-byfinding-that-trial-counselsfail-1.html

[compassrose]

I'm so happy! The trial was a joke-- he was in no way proven guilty. I can't be sure he's innocent, but I think it's likely.
::off to listen to the periscope and read the blog post from @shoegal::

[Deleted]

Just finished my first reading of the full decision. If you'd like to read it, I'll include the link below. The conclusion, which starts on page 56 is a must-read (only 3 pages). The judge references Serial! (He assures us that he did not listen to it, too.)

Exhausted - wow.

Oh - another thing, Adnan's attorney thought Adnan probably heard the good news through his guards - as he is a popular, well liked prisoner and its likely they shared the news with him. Speculation. His attorney also thinks Adnan will walk free for a time...right now he is NOT convicted. WOW.

Link to full decision at the bottom of this NPR article:
www.npr.org/sections/thetwo-way/2016/06/30/484225226/adnan-syed-subject-of-serial-podcast-will-get-a-new-trial

[Deleted]

From Adnan's best friend, Saad:

[Deleted]

OK going to bed now - but 1 more update from Baltimore Sun - basically, they are confirming what many of us thought - that they believe Adnan is guilty and they aren't rolling over......

The Maryland attorney general's office, which argued against a new trial, said Welch ruled in its favor "on a number of issues, but there does appear to be at least one ground that will need to be resolved by the appellate courts."

"It is the continued desire of the Attorney General to seek justice in the murder of Hae Min Lee," the office said in a statement. "The state's responsibility remains to pursue justice, and to defend what it believes is a valid conviction."

[compassrose]

Jun 30, 2016 21:19:37 GMT -5 @shoegal said:

OK going to bed now - but 1 more update from Baltimore Sun - basically, they are confirming what many of us thought - that they believe Adnan is guilty and they aren't rolling over......

The Maryland attorney general's office, which argued against a new trial, said Welch ruled in its favor "on a number of issues, but there does appear to be at least one ground that will need to be resolved by the appellate courts."

"It is the continued desire of the Attorney General to seek justice in the murder of Hae Min Lee," the office said in a statement. "The state's responsibility remains to pursue justice, and to defend what it believes is a valid conviction."

So they are going to appeal? But they are opposed to a new trial? 

And they added an extraneous comma. 

(Yes, I'm pissed at them. Freddie Gray. Fucking Baltimore.)

[raangoli]

While I'm glad he will get a new trial since the original was so badly bungled, I can't help but feel awful for Hae's family right now. I mean first Serial, then Undisclosed, and now this. It's like a nightmare that doesn't end.

[Deleted]

I agree with you, raangoli, Hae's family (particularly her mother) - my heart goes out to her. That said - if Adnan IS innocent, it's even more chilling to consider that her murderer has been walking free since 1999. To be fair, Hae's family has firmly said they believe Adnan is guilty.

compassrose, the statements from the AG's office suggest appeal of Judge Welch's decision is the next likely move. Now - the thing is....does that mean Adnan walks free? Can the sate BOTH appeal Judge Welch's decision WHILE Baltimore cops move to arrest Adnan again for Hae's murder? Is that legally possible?

A few things for now:
1) I found this video summary of where Adnan is at (from Rabia Cuaudry's "Night for Justice" fundraiser, which was this March in Baltimore) to be pretty interesting: www.youtube.com/watch?v=7N88vH3MdKY&feature=youtu.be

2) Justin Brown seems to think Adnan will walk free - out of prison - at least for a time. WOW. He will be an innocent man in the eyes of the law, and would also be able to speak / write freely (as he is not convicted, he can profit from the case's notoriety as I understand it - in ways that a convicted murderer can't.)

3) Footnote 9 on the decision is epic. Judge Welch is basically saying: "Jay Wilds is a lying liar who lies."

How the fuck am I gonna get any work done today!?!?

[Deleted]

I don't think he should take the Alford plea. Then he will be a convicted felon and won't have much hope for a life. (Work etc) however he could just write a book and sit back. Lol.

I just think he might take the plea to get it over with. And I couldn't blame him.
There are probably other people in jail right now just like him. So sad for everyone.

[Deleted]

If he does the Alford plea, is that the end? No future trial?
Because then, if he is guilty, he should write a big gotcha book. (Devil)

[Deleted]

Jul 1, 2016 7:15:08 GMT -5 @hannymarren said:

If he does the Alford plea, is that the end? No future trial?
Because then, if he is guilty, he should write a big gotcha book. (Devil)

Rabia has stated that she would absolutely be in favor of Adnan taking an Alford plea, if offered by the state.

The tea leaves seem to indicate that the state has no intention of simply accepting Judge Welch's opinion, which suggests both an appeal and (if denied) then a new trial.  

As I understand it, Adnan (if guilty, which he would be via Alford plea) could NOT profit from the crime he was convicted for.  That would mean book deals, etc, would be illegal.  (I don't have the law handy).  This law is why OJ *could* (and did) write "If" I did It - his book confession - since OJ was acquitted.

[Deleted]

Jul 1, 2016 7:19:32 GMT -5 @shoegal said:

Jul 1, 2016 7:15:08 GMT -5 @hannymarren said:

If he does the Alford plea, is that the end? No future trial?
Because then, if he is guilty, he should write a big gotcha book. (Devil)

Rabia has stated that she would absolutely be in favor of Adnan taking an Alford plea, if offered by the state.

The tea leaves seem to indicate that the state has no intention of simply accepting Judge Welch's opinion, which suggests both an appeal and (if denied) then a new trial.  

As I understand it, Adnan (if guilty, which he would be via Alford plea) could NOT profit from the crime he was convicted for.  That would mean book deals, etc, would be illegal.  (I don't have the law handy).  This law is why OJ *could* (and did) write "If" I did It - his book confession - since OJ was acquitted.

Then yeah - his life would be pretty difficult.

[genet313]

If Adnan is not guilty, I hope all this news and coverage and pressure make the real murderer come forward. How could you live with yourself anyway, but let alone with these constant reminders of the heinous thing you did? It would eat away at everyone except the most truly depraved persons and I don't think this killing was by a truly depraved person. I think it was heat of the moment and then a huge "omg what have I done" reaction. I just don't know who the heat of the moment killer is. Adnan never felt fully clean to me and still doesn't. I'm very curious to watch the new trial.

[hermione]

If there is a new trial, how will they ever find an impartial jury? I would imagine everyone in the area has formed an opinion on the case since all the media coverage.

[jewel]

Jul 1, 2016 9:36:02 GMT -5 genet313 said:

If Adnan is not guilty, I hope all this news and coverage and pressure make the real murderer come forward. How could you live with yourself anyway, but let alone with these constant reminders of the heinous thing you did? It would eat away at everyone except the most truly depraved persons and I don't think this killing was by a truly depraved person. I think it was heat of the moment and then a huge "omg what have I done" reaction. I just don't know who the heat of the moment killer is. Adnan never felt fully clean to me and still doesn't. I'm very curious to watch the new trial.

One theory is that it was a serial killer. There was a local guy with a very similar MO.

I really don't think Adnan got a fair trial, or even investigation. From what I've heard, I feel like he's somewhere between marginally involved and innocent. Either way, though, I'm glad he's getting a new trial.

That said, I feel terrible for Hae's family. I can't imagine watching the nitty gritty of their daughter's murder get hashed out as entertainment. I think they feel pretty strongly that it was Adnan, and this has to be heartbreaking for them.

[Deleted]

Jul 1, 2016 11:22:15 GMT -5 hermione said:

If there is a new trial, how will they ever find an impartial jury? I would imagine everyone in the area has formed an opinion on the case since all the media coverage.

This was also the case in the OJ trial.  In that instance, they got stuck with a very uneducated jury that wasn't very reflective of the diverse citizenry of downtown LA, and many jurors were stricken from the case as it was revealed they lied during voir dire.

Another option is to attempt to move the case out of Baltimore...however that doesn't solve the issue given 130M serial downloads and a worldwide phenomenon.  I am VERY curious to see what happens should the trial move forward.  I'm frankly hoping the state re-opens the murder investigation and doesn't pursue Adnan right away, but I think that's hoping too much from the system.  :/

[Deleted]

Hae's family has released a statement. My heart goes out to them.

www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-serial-lee-family-reacts-20160701-story.html

"We do not speak as often or as loudly as those who support Adnan Syed, but we care just as much about this case. We continue to grieve," the statement said. "We continue to believe justice was done when Mr. Syed was convicted of killing Hae."

"While we continue to put our faith in the courts and hope the decision will be reversed, we are very disappointed by the Judge's decision. We remain thankful to the many many people who have expressed their support for us, and to the State for standing by the true victims and for giving Hae Min Lee a voice."

[bostonmichelle]

Jul 1, 2016 14:31:40 GMT -5 @shoegal said:

Jul 1, 2016 11:22:15 GMT -5 hermione said:

If there is a new trial, how will they ever find an impartial jury? I would imagine everyone in the area has formed an opinion on the case since all the media coverage.

This was also the case in the OJ trial.  In that instance, they got stuck with a very uneducated jury that wasn't very reflective of the diverse citizenry of downtown LA, and many jurors were stricken from the case as it was revealed they lied during voir dire.

Another option is to attempt to move the case out of Baltimore...however that doesn't solve the issue given 130M serial downloads and a worldwide phenomenon.  I am VERY curious to see what happens should the trial move forward.  I'm frankly hoping the state re-opens the murder investigation and doesn't pursue Adnan right away, but I think that's hoping too much from the system.  :/

Also I think some precedent was set on the moving trials when the Boston Marathon bomber's trial was not moved outside Boston.

[Deleted]

bostonmichelle, amen sister. Amen.

[genet313]

Jul 1, 2016 13:32:41 GMT -5 jewel said:

Jul 1, 2016 9:36:02 GMT -5 genet313 said:

If Adnan is not guilty, I hope all this news and coverage and pressure make the real murderer come forward. How could you live with yourself anyway, but let alone with these constant reminders of the heinous thing you did? It would eat away at everyone except the most truly depraved persons and I don't think this killing was by a truly depraved person. I think it was heat of the moment and then a huge "omg what have I done" reaction. I just don't know who the heat of the moment killer is. Adnan never felt fully clean to me and still doesn't. I'm very curious to watch the new trial.

One theory is that it was a serial killer. There was a local guy with a very similar MO.

I really don't think Adnan got a fair trial, or even investigation. From what I've heard, I feel like he's somewhere between marginally involved and innocent. Either way, though, I'm glad he's getting a new trial.

That said, I feel terrible for Hae's family. I can't imagine watching the nitty gritty of their daughter's murder get hashed out as entertainment. I think they feel pretty strongly that it was Adnan, and this has to be heartbreaking for them.

That would be so much cleaner and I hope in some way comforting for Haes family and Adnans. But I agree his trial was not impartial and I'm glad he's getting a new one, but I feel so so sorry for Haes family. It's injustice to put them through this again.

[womet]

@shoegal-- do you listen to Undisclosed? They posted a new episode this week covering the ruling on Thursday. And it starts off with a voicemail message from Rabia to Susan or Colin in which she tells them of the ruling and is sobbing.

[Deleted]

womet & @callmefia - I fully admit, I totally teared up when listening to Rabia's message to Susan / Colin - and I am now totally fascinated about the idea of the cross-appeal that Colin raised. OBSESSED.

Rabia also just announced the date for the book launch party in Baltimore - I am TOTALLY going!!!!!! (Early August.)

[womet]

@shoegal, @callmefia... put it on this morning while getting ready and I had to stop putting on my makeup. I am dying to know what the bombshell is that they would reveal if there was a new trial.