TV, on September 19, 2022. (I-Team Reporter Lisa Robinson), Reporter Rachel Duncan, and Reporter Kate Amara);
GIST: "A Baltimore City Circuit Court judge on Monday approved the state's motion to vacate the murder conviction ofSyed, 42, appeared in court Monday afternoon after Baltimore City prosecutors filed a motion last week to vacate his murder conviction and seek a new trial in the death of his high school ex-girlfriend Hae Min Lee.
Syed is accused of killing Lee in 1999 and was subject of the popular podcast, "Serial." His first trial ended in a mistrial. A jury convicted him in a second trial.
Syed had been in jail since his arrest in February 1999.
Baltimore City Circuit Court Judge Melissa Phinn said in her ruling: "In the interest of judgment and fairness, the state's motion to vacate judgment ... is hereby granted. The defendant will be released and placed on remote monitoring ... The state will have 30 days to refile or nolle pros. At this time, we will remove the shackles off of Mr. Syed."
Syed kept his hands on his lap and looked forward during the hearing. His attorney was wiping tears from her eyes while the judge announced her decision.
Hearing starts with statement from Lee's brother
The judge ruled against a motion from the attorney for Lee's family to postpone the hearing until the family can participate. The judge granted a 30-minute recess for the attorney to reach Lee's brother in California so he could participate in the hearing via Zoom.
The hearing resumed shortly after 3:30 p.m. and heard from Lee's brother, who asked the judge to make the "right decision," saying he feels the motion is unfair, especially for his family, which has trusted the courts: "This is not a podcast for me. It's real life that will never end -- it's been 20-plus years. It's a nightmare ... This is killing us," he said.
Prosecutor lays out new evidence found
Next, the prosecutor asked the judge to set a new trial date and release Syed on his own recognizance, pending a decision on whether to go to trial.
"If this is granted, we will continue to investigate and possibly ask for a new trial," the prosecutor said.
Prosecutors then put on the record the new evidence and information they said their investigation uncovered this year. Prosecutors said their new investigation revealed information about two other potential suspects who may have been involved. Prosecutors said that based on the new potential suspect information, problematic cellphone evidence, DNA testing and Brady violations when it came informing the defense, they are pursing this motion to vacate.
The state said cellphone tower records were unreliable and should not have been presented at trial. The state conferred "the location of the actual phone during incoming calls could not be conclusively determined" and the evidence should not have come in. The state said the prosecution really had no case against Syed without the cellphone evidence, telling the judge the case was flimsy at best.
"The state has overwhelming cause to question the reliability of the defendant's conviction," the prosecutor said.
The motion to vacate from prosecutors says the evidence against Syed in the previous trial was largely circumstantial, and they lacked confidence "in the integrity of the conviction."
The defense agreed with the state. The defense attorney began remarks by expressing condolences to the Lee family.
"My client is innocent," the defense attorney said.
This report will be updated."
The entire story can be read at:
https://www.wbaltv.com/article/adnan-syed-conviction-vacated/41278447
PUBLISHER'S NOTE: I am monitoring this case/issue/resurce. 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;
