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| Adnan Syed is innocent. Now find Hae Min Lee's real killer | |
| (35 minutes later) | |
| After more than 17 years of incarceration, and multiple denied appeals, Adnan Syed has finally been granted a new trial and the murder conviction he has lived with for nearly two decades has been thrown out. Adnan was the subject of the globally popular podcast Serial, because of which his case became a worldwide obsession almost overnight. | After more than 17 years of incarceration, and multiple denied appeals, Adnan Syed has finally been granted a new trial and the murder conviction he has lived with for nearly two decades has been thrown out. Adnan was the subject of the globally popular podcast Serial, because of which his case became a worldwide obsession almost overnight. |
| But my obsession with it began in 1999, when he was first arrested. Adnan is my younger brother’s best friend and like a brother to me as well. From the day he was taken from his bed in the pre-dawn hours of 26 February 1999 until today, he has maintained his innocence and I, and my family, have believed him. | But my obsession with it began in 1999, when he was first arrested. Adnan is my younger brother’s best friend and like a brother to me as well. From the day he was taken from his bed in the pre-dawn hours of 26 February 1999 until today, he has maintained his innocence and I, and my family, have believed him. |
| Adnan’s conviction turned on two things – a state witness, Jay Wilds, who testified to having helped him bury the body, and Adnan’s cellphone records that the prosecution introduced to corroborate Wilds’ story of his and Adnan’s movements on 13 January 1999, the day the victim Hae Min Lee disappeared. The state argued the cell records could be used to track Adnan’s movements and back up Wilds’ story, pointing in particular to two incoming phone calls to Adnan’s phone around 7pm that night, both of which pinged a cell tower that covered the area where the victim’s body was found. | Adnan’s conviction turned on two things – a state witness, Jay Wilds, who testified to having helped him bury the body, and Adnan’s cellphone records that the prosecution introduced to corroborate Wilds’ story of his and Adnan’s movements on 13 January 1999, the day the victim Hae Min Lee disappeared. The state argued the cell records could be used to track Adnan’s movements and back up Wilds’ story, pointing in particular to two incoming phone calls to Adnan’s phone around 7pm that night, both of which pinged a cell tower that covered the area where the victim’s body was found. |
| Wilds changed his story during the investigation and trial, and did so again most recently in an interview with the publication the Intercept. In that, he says the burial took place around midnight, negating any significance the cell records had in placing Adnan near the burial site around 7pm. | Wilds changed his story during the investigation and trial, and did so again most recently in an interview with the publication the Intercept. In that, he says the burial took place around midnight, negating any significance the cell records had in placing Adnan near the burial site around 7pm. |
| What further undermined the significance of the cell records was a fax cover sheet discovered by Susan Simpson, an attorney and the co-host of our podcast, Undisclosed. Simpson noticed the cover sheet clearly stated that incoming call information was not reliable for location of the phone. Adnan’s attorney at trial never caught this information, for whatever reason (including the possibility that the state didn’t give it to her). This issue was raised in Adnan’s recent appeal, and ultimately became the reason the judge threw his conviction out and ordered a new trial. | What further undermined the significance of the cell records was a fax cover sheet discovered by Susan Simpson, an attorney and the co-host of our podcast, Undisclosed. Simpson noticed the cover sheet clearly stated that incoming call information was not reliable for location of the phone. Adnan’s attorney at trial never caught this information, for whatever reason (including the possibility that the state didn’t give it to her). This issue was raised in Adnan’s recent appeal, and ultimately became the reason the judge threw his conviction out and ordered a new trial. |
| As it stands now, Adnan Syed is an innocent man. He is no longer convicted of any crime but remains charged with the murder of Hae Min Lee, just as he was before trial in 1999. He will remain innocent until and unless the State of Maryland can prove his guilt all over again. | As it stands now, Adnan Syed is an innocent man. He is no longer convicted of any crime but remains charged with the murder of Hae Min Lee, just as he was before trial in 1999. He will remain innocent until and unless the State of Maryland can prove his guilt all over again. |
| But they can’t because we can prove his innocence with the two pieces of factual information that are irrefutable: that Lee left school after 2.15pm and was intercepted by her killer by 3.30pm on 13 January 1999, after which the family realized something was wrong. Lee picked up her young cousin from elementary school every day by 3.30pm, but that day she never made it. | But they can’t because we can prove his innocence with the two pieces of factual information that are irrefutable: that Lee left school after 2.15pm and was intercepted by her killer by 3.30pm on 13 January 1999, after which the family realized something was wrong. Lee picked up her young cousin from elementary school every day by 3.30pm, but that day she never made it. |
| The second fact we have relates to the findings of the autopsy report. According to the medical examiner and other forensic pathologists who have reviewed the crime scene pictures and autopsy reports, Lee’s body showed fixed frontal lividity, the phenomenon in which, after death, all the blood pools to the part of the body closest to the ground. Such lividity could only be present if, after being killed, Lee was left in a face down position, stretched out, for between eight and 10 hours. When Lee’s body was found in Leakin Park, Baltimore, it was twisted and resting mostly on her right side. This means after her body was moved to the burial site after lividity had become permanent. Hae was not dumped in Leakin Park around 7pm. Her body was kept somewhere where it could lay flat for around 10 hours before it was moved to the park. | The second fact we have relates to the findings of the autopsy report. According to the medical examiner and other forensic pathologists who have reviewed the crime scene pictures and autopsy reports, Lee’s body showed fixed frontal lividity, the phenomenon in which, after death, all the blood pools to the part of the body closest to the ground. Such lividity could only be present if, after being killed, Lee was left in a face down position, stretched out, for between eight and 10 hours. When Lee’s body was found in Leakin Park, Baltimore, it was twisted and resting mostly on her right side. This means after her body was moved to the burial site after lividity had become permanent. Hae was not dumped in Leakin Park around 7pm. Her body was kept somewhere where it could lay flat for around 10 hours before it was moved to the park. |
| The killer had to both have the opportunity and means to intercept Hae by 3.30pm and to kill her, leave her body in a flat position somewhere private for eight to 10 hours, then move her later to Leakin Park. | The killer had to both have the opportunity and means to intercept Hae by 3.30pm and to kill her, leave her body in a flat position somewhere private for eight to 10 hours, then move her later to Leakin Park. |
| Adnan could not have done these things. | Adnan could not have done these things. |
| Among the judge’s findings, which we’ve been attempting to get to court for many years, is a confirmation of the credibility of the testimony of an alibi witness, Asia McClain, who was never contacted by Adnan’s defense counsel. McClain testified before the appellate court that she was with Adnan in the public library until around 2.40pm. We have gathered evidence, which is not yet public, that confirms Adnan attended track practice that day and arrived for practice by 3.30pm. After seeing McClain, Adnan had to change for practice and then walk to the other side of the school for it. We have other witnesses who saw him on his way to track practice, meaning the time between when he was seen by McClain and by the time Lee was intercepted is largely accounted for. | Among the judge’s findings, which we’ve been attempting to get to court for many years, is a confirmation of the credibility of the testimony of an alibi witness, Asia McClain, who was never contacted by Adnan’s defense counsel. McClain testified before the appellate court that she was with Adnan in the public library until around 2.40pm. We have gathered evidence, which is not yet public, that confirms Adnan attended track practice that day and arrived for practice by 3.30pm. After seeing McClain, Adnan had to change for practice and then walk to the other side of the school for it. We have other witnesses who saw him on his way to track practice, meaning the time between when he was seen by McClain and by the time Lee was intercepted is largely accounted for. |
| The appellate judge further destroyed the state’s case regarding what happened in this timeframe in a lengthy footnote to his 59-page opinion. Judge Welch found that the cell records contradicted nearly every part of the state’s case and Wilds’ testimony in the time frame during which Lee was known to have disappeared. | The appellate judge further destroyed the state’s case regarding what happened in this timeframe in a lengthy footnote to his 59-page opinion. Judge Welch found that the cell records contradicted nearly every part of the state’s case and Wilds’ testimony in the time frame during which Lee was known to have disappeared. |
| This, coupled, with Adnan having no opportunity or means to store Lee’s body in a flat position (not in the boot of her small car as the state would have us believe) for up to 10 hours and then move it to the burial spot, is nearly enough for a finding of actual innocence. | This, coupled, with Adnan having no opportunity or means to store Lee’s body in a flat position (not in the boot of her small car as the state would have us believe) for up to 10 hours and then move it to the burial spot, is nearly enough for a finding of actual innocence. |
| That’s not all though. We know that every piece of forensic evidence collected pointed to Adnan’s innocence. From the hairs found Lee’s body, which did not match Adnan, to the dozens of soil samples taken from his clothing, shoes, car, and room, which returned negative results for matching soil from Leakin Park. | That’s not all though. We know that every piece of forensic evidence collected pointed to Adnan’s innocence. From the hairs found Lee’s body, which did not match Adnan, to the dozens of soil samples taken from his clothing, shoes, car, and room, which returned negative results for matching soil from Leakin Park. |
| The ball is now in the state’s court. It can drop charges, appeal the recent ruling, or offer Adnan a plea deal. One way or the other Adnan is likely to come home soon, but I’ll continue to work with investigators until we make it clear to the world that he is innocent of this terrible crime. And then we must all challenge the state to reopen the investigation into the murder of Hae Min Lee. | The ball is now in the state’s court. It can drop charges, appeal the recent ruling, or offer Adnan a plea deal. One way or the other Adnan is likely to come home soon, but I’ll continue to work with investigators until we make it clear to the world that he is innocent of this terrible crime. And then we must all challenge the state to reopen the investigation into the murder of Hae Min Lee. |