UNITED STATES NEWS

Adnan Syed goes before Maryland Supreme Court facing ‘specter of reincarceration,’ his lawyers say

Oct 4, 2023, 9:16 PM

ANNAPOLIS, Md. (AP) — Attorneys for Adnan Syed, who is now free after being imprisoned more than two decades ago for the murder of his ex-girlfriend, will once again be arguing to keep his freedom in a case known to millions by the true-crime podcast “Serial.”

In a case fraught with legal twists and divided court rulings, arguments are set to begin Thursday in Maryland’s Supreme Court. Syed’s attorneys are appealing the reinstatement of his murder conviction by an appellate court, in a case that has broader ramification’s for victim’s rights as well as Syed’s future.

Syed, 42, was released from prison in September 2022, when a Baltimore judge overturned his conviction. City prosecutors had dropped all charges after finding flaws in the evidence.

However, in March, the Appellate Court of Maryland ordered a redo of the hearing that enabled Syed to walk out a free man. The appellate court said the victim’s family didn’t receive adequate notice to attend the hearing in person, violating their right to be “treated with dignity and respect.”

The family of Hae Min Lee also is appealing to the state’s highest court, contending that crime victims in Maryland have a right to be heard and challenge the evidence in hearings like the one last year that vacated Syed’s conviction from 2000.

He faces at least the potential of being sent back to prison, a point his lawyers raised in court filings.

“The terrifying specter of reincarceration has hung over Mr. Syed’s head every day for the past ten months,” Syed’s lawyer, Erica Suter, wrote in a brief filed with the court in August.

The case could have consequences for victims’ rights. Although the appellate court ruled that Lee’s brother didn’t get sufficient notice to attend the hearing that vacated Syed’s conviction, the court also said state law doesn’t guarantee crime victims a “right to be heard” during the hearings. That decision falls to the presiding judge. Allowing victims to present evidence or otherwise engage substantively would “result in a huge shift in practice,” the judges said.

The Maryland Supreme Court isn’t expected to issue a ruling on Thursday. A written ruling will be filed on the court’s website, although it’s unclear when.

Syed’s attorneys say the Lee family did have sufficient notice about the hearing. They also argue that the family’s appeal is moot, because prosecutors decided not to charge Syed again after his conviction was vacated. His attorneys contend that even if the rights of Lee’s brother, Young Lee, were violated, he hasn’t demonstrated whether the alleged violation would have changed the hearing’s outcome.

Lee, who ended up speaking remotely at the hearing, was notified on a Friday afternoon that it would take place the following Monday. That was “insufficient time to reasonably allow Mr. Lee, who lived in California, to attend the hearing in person,” the appellate court ruled. Attorneys for Lee’s family have criticized a lack of transparency as well in the court proceedings that led to Syed’s release.

“Hae Min Lee’s murder has been at issue in Maryland’s courts for nearly a generation,” David Sanford, an attorney for the family, wrote in a court filing last month. He argued the state Supreme Court should send the case to another judge to decide whether to vacate the conviction or not.

This isn’t the first time Maryland’s highest court has taken up Syed’s protracted legal odyssey.

In 2019, a divided court ruled 4-3 to deny Syed a new trial. While the court agreed with a lower court that Syed’s legal counsel was deficient in failing to investigate an alibi witness, it disagreed that the deficiency prejudiced the case. That ruling came after a lower court ordered a retrial in 2016 on grounds that Syed’s attorney, Cristina Gutierrez, who died in 2004, didn’t contact an alibi witness and provided ineffective counsel.

In November 2019, the U.S. Supreme Court declined to review the decision by Maryland’s top court.

More recently, Baltimore prosecutors went over Syed’s files under a Maryland law targeting so-called “juvenile lifers” because he was 17 when Hae Min Lee was found strangled to death and buried in a makeshift grave.

Prosecutors uncovered numerous problems, including alternative suspects and the unreliable evidence of cellphone tower data presented at trial. Instead of reconsidering his sentence, prosecutors filed a motion to vacate Syed’s conviction entirely.

United States News

Travelers walk through Salt Lake City International Airport Friday, May 24, 2024, in Salt Lake City...

Associated Press

Record broken for most travelers screened at US airports on Friday, according to TSA

A record was broken ahead of the Memorial Day weekend for the number of airline travelers screened at U.S. airports.

2 hours ago

Associated Press

Biden’s message to West Point graduates: You’re being asked to tackle threats ‘like none before’

WEST POINT, N.Y. (AP) — President Joe Biden on Saturday told graduates of the U.S. Military Academy that their class is being called upon to tackle threats across the globe and preserve the country’s ideals at home “like none before.” Biden said the phrase, the class motto, was apt for the sorts of challenges they […]

3 hours ago

Associated Press

Forecasters warn Oklahoma may see tornadoes; Texas could bake in triple-digit temperatures

OKLAHOMA CITY (AP) — Forecasters are warning of another day of heightened risk of dangerous tornadoes in the Midwest on Saturday and telling people in south Texas they may experience triple-digit temperatures — and that’s with four weeks to go before summer starts. The weather service in Oklahoma compared the day to “a gasoline-soaked brush […]

5 hours ago

Boeing is now aiming for its first astronaut launch at the beginning of June. Officials for the com...

Associated Press

Boeing’s 1st astronaut flight now set for June after a review of small leak on new capsule

Boeing is now aiming for its first astronaut launch in early June, after spending weeks struggling with more problems on the space capsule.

18 hours ago

Associated Press

Lawsuit filed in the death of dancer with a peanut allergy who died after eating mislabeled cookie

WATERBURY, Conn. (AP) — The estate of a young dancer who died after eating a mislabeled cookie containing peanuts has filed a wrongful death lawsuit, claiming the failure to properly label the package was grossly negligent. Órla Ruth Baxendale, 25, died Jan. 11 after eating a Florentine cookie sold by grocery retailer Stew Leonard’s and […]

19 hours ago

Colorado River settlement center of new Navajo Nation push...

Associated Press

Tribes say their future is at stake as they push for Congress to consider Colorado River settlement

Navajo officials are celebrating the signing of legislation outlining a proposed Colorado River settlement that would ensure water rights.

19 hours ago

Sponsored Articles

...

Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.

...

DESERT INSTITUTE FOR SPINE CARE

Desert Institute for Spine Care is the place for weekend warriors to fix their back pain

Spring has sprung and nothing is better than March in Arizona. The temperatures are perfect and with the beautiful weather, Arizona has become a hotbed for hikers, runners, golfers, pickleball players and all types of weekend warriors.

...

Day & Night Air Conditioning, Heating and Plumbing

Day & Night is looking for the oldest AC in the Valley

Does your air conditioner make weird noises or a burning smell when it starts? If so, you may be due for an AC unit replacement.

Adnan Syed goes before Maryland Supreme Court facing ‘specter of reincarceration,’ his lawyers say