PASSAGE OF THE DAY: "Syed and his attorneys have said over the years that his trial attorney did not provide effective legal counsel because she did not follow up on possible witness claims that could have provided Syed an alibi. Another witness provided conflicting statements and admitted under oath to lying to police, and evidence relying on cell phone tower data to place Syed in the park where Lee was found has also been questioned by his attorneys."
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PASSAGE TWO OF THE DAY: "In 2019, an HBO documentary, "The Case Against Adnan Syed," also revealed new details about DNA testing of certain items related to the case, including fingernail clippings, blood samples, a liquor bottle and condom wrapper, the Baltimore Sun reported. None of those items, which are not the same ones being sought in the new filing, had matches with Syed's DNA. The series also revealed Syed turned down a plea deal that would have required him to admit his guilt."
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STORY: "Effort to exonerate Adnan Syed, at centre of 'Serial' podcast, may get boost with DNA testing," by Reporter Ryan W. Miller, published by USA today, on March 10, 2022.
PHOTO CAPTION: "A new four-part HBO documentary called "The Case Against Adnan Syed" offers a fresh look at evidence - and the latest developments - in a murder case made famous by the hit "Serial" podcast five years ago.
GIST: "Prosecutors and the attorney for Adnan Syed, the Maryland man at the center of the first season of the "Serial" podcast, have requested new DNA testing that could exonerate him more than 20 years after his murder conviction, according to a new court filing.
"The office of Baltimore City State’s Attorney Marilyn Mosby and Syed's lawyer have asked for new testing of clothing and other items recovered from Syed's ex-girlfriend Hae Min Lee, who was found dead in a Baltimore park in 1999. They filed the joint request Thursday.
Syed, who has maintained his innocence, was convicted of Lee's murder in 2000. He appealed the case but the U.S. Supreme Court declined to hear it in 2019. Syed remains imprisoned in Maryland on a life sentence.
However, a Maryland law passed in 2021 allows for people convicted of crimes as juveniles to seek new sentences after 20 years in prison. Syed's attorney approached the city prosecutor's Sentencing Review Unit, Mosby said in a statement. Syed was 17 when he was arrested.
"In the process of reviewing this case for a possible resentencing, it became clear that additional forensic testing – which was not available at the time of the original investigation and trial in this case – would be an appropriate avenue to pursue," Mosby said.
Among the items that will be tested are Lee's clothes and shoes and hairs recovered from where Lee was found. According to the filing, both sides are seeking DNA testing that could detect trace amounts of skin cells left behind when someone touches an item. Such testing has not been previously performed on the items, the court document said.
Lee was fatally strangled, and according to the filing, her cause of death and the manner in which her body was disposed of "indicate that her assailant was in close physical contact with Ms. Lee at the time of her death and burial.”
"If (Syed's) DNA is not present on this evidence, this fact would be exculpatory and could provide a basis for a factfinder to determine that (Syed) is innocent," the filing states.
In a statement, Erica J. Suter, Syed's attorney, said she contacted the prosecutor's office last spring and thanked the office for agreeing to the testing.
"Mr. Syed has been waiting more than two decades for the opportunity to exonerate himself, not just in the court of public opinion, but in the court of law," she said. "We are eager to finally have access to the forensic tools to establish Mr. Syed’s innocence."
Syed and his attorneys have said over the years that his trial attorney did not provide effective legal counsel because she did not follow up on possible witness claims that could have provided Syed an alibi.
Another witness provided conflicting statements and admitted under oath to lying to police, and evidence relying on cell phone tower data to place Syed in the park where Lee was found has also been questioned by his attorneys.
The "Serial" podcast popularized Syed's case in 2014, and two years later, he won a new trial in appeals. However, the state appealed that decision. In 2018, an appellate court upheld the ruling for a new trial, but a year later, Maryland's highest court sided with the state.
While the office of Maryland's Attorney General Brian Frosh handled recent appeals in the case, the joint DNA request came from the office of Baltimore City State’s Attorney.
In 2019, an HBO documentary, "The Case Against Adnan Syed," also revealed new details about DNA testing of certain items related to the case, including fingernail clippings, blood samples, a liquor bottle and condom wrapper, the Baltimore Sun reported.
None of those items, which are not the same ones being sought in the new filing, had matches with Syed's DNA. The series also revealed Syed turned down a plea deal that would have required him to admit his guilt."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
