Could Adnan Syed’s conviction be vacated? Prosecutors asked a judge
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“To be clear, the State is not asserting at this time that Defendant is innocent,” prosecutors wrote. “However, for all the reasons set forth below, the State no longer has confidence in the integrity of the conviction.”
Prosecutors wrote that Syed should “at a minimum, be afforded a new trial,” and that he should be released while they continue to investigate. They suggested that they might move to drop the case entirely, “contingent upon the results of the ongoing investigative efforts.”
Prosecutors said that a nearly year-long investigation by them and Syed’s defense uncovered new information about “the possible involvement of two alternative suspects,” and violations in the government’s turning over evidence to the defense.
“Additionally, the parties have identified significant reliability issues regarding the most critical pieces of evidence at trial,” prosecutors wrote.
Prosecutors did not name the other suspects and revealed limited information about them. They said the two “may be involved individually or may be involved together,” and made references to them throughout the motion as “one of the suspects,” without clarifying which person they were referring to.
Prosecutors said that someone gave investigators information that one of the suspects had a motive to kill Lee, and had said they “would make her [Lee] disappear. He would kill her.” Prosecutors also revealed that Lee’s car was found behind the house of one of the suspects’ family members.
The court filing said that both prosecutors and Syed’s defense received credible information that one of the suspects committed multiple rapes and sexual assaults, and the suspect was convicted of such conduct. Prosecutors wrote that information “was not available at the time of the trial and occurred after the trial,” but it nonetheless warranted further scrutiny.
Syed was a 17-year-old high school student when he was arrested in late February 1999 in Lee’s killing.
His case was featured on “Serial,” which had its first season in 2014. Host Sarah Koenig detailed the events surrounding the death of Lee, Syed’s former girlfriend. Lee’s body was found in Baltimore’s Leakin Park; investigators determined that she died by strangulation. Syed was convicted of murder in 2000 and has been serving a life sentence. He maintains his innocence.
In 2016, a circuit court vacated Syed’s conviction, citing the “ineffective assistance” of a former attorney who failed to investigate an alibi witness, and in March 2018, the Court of Special Appeals upheld the ruling granting Syed a new trial. But in March 2019, Maryland’s highest court reinstated Syed’s murder conviction.
Baltimore City State’s Attorney Marilyn Mosby said in a statement Wednesday that she came to conclude Syed deserves a new trial “where he is adequately represented and the latest evidence can be presented.”
“We have spoken with the family of Ms. Hae Min Lee and fully understand that the person responsible for this heinous crime must be held accountable,” Mosby said. She added that “keeping Mr. Syed detained as we continue to investigate the case with everything that we know now, when we do not have confidence in results of the first trial, would be unjust.”
Syed’s defense attorney, Assistant Public Defender Erica Suter, praised the development.
“Given the stunning lack of reliable evidence implicating Mr. Syed, coupled with increasing evidence pointing to other suspects, this unjust conviction cannot stand,” Suter said. “Mr. Syed is grateful that this information has finally seen the light of day and looks forward to his day in court.”
Maryland Public Defender Natasha Dartigue took aim in particular at what she said were failures by the state to turn over evidence to Syed’s lawyers.
“The fact that information about motives and threats of alternate suspects were kept from defense counsel for more than 20 years should shock the conscience,” Dartigue said. “This is a true example of how justice delayed is justice denied. An innocent man spends decades wrongly incarcerated, while any information or evidence that could help identify the actual perpetrator becomes increasingly difficult to pursue.”
An earlier version of this story reported that prosecutors filed the motion on Thursday. It was filed on Wednesday.
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