CONVICTION OVERTURNED MD - Hae Min Lee, 17, Baltimore, 13 Jan 1999 #2

[jellybeanz]

The "true crime" genre holds a morbid fascination, and the new podcast from the team behind This American Life has a doozy of a specimen in a 15-year-old Baltimore murder case that may or may not have resulted in a wrongful conviction of a teenage boy for the murder of his high school sweetheart.

Read more at: http://www.baltimoremagazine.net/2014/10/6/1999-murder-of-baltimore-teen-re-examined-in-new-podcast

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I have to say I am hooked. So many questions that I hope are answered in the coming 'episodes'. I also hope some good sleuthers can delve into this case and maybe find some information that the people working on this podcast have missed.

The podcast can be found * here *

Thread #1

 

[MajorHoople]

Murder Conviction And Sentence Of Adnan Syed, Focus Of 'Serial' Podcast, Reinstated

WBFF FOX45 Baltimore - Mar 29, 2023

 

[Frankie Hellis]

You'd have to review the evidence presented by the prosecution criticizing the previous actions of the previos prosecution.

My point was that all evidence can't be shown, just enough to cast serious doubt on the conviction of AS while showing that other people were not sufficiently investigated.

I have reviewed all the available evidence. I have been to the courthouse during proceedings. I have been to the County courthouse to personally review the file they have from before Hae’s body was found. I helped to obtain this, the police file.

ETA: Do you think the lack of dna on the shoes is “enough to cast serious doubt on the conviction?”

 

[Elliot_Alderson]

I have reviewed all the available evidence. I have been to the courthouse during proceedings. I have been to the County courthouse to personally review the file they have from before Hae’s body was found. I helped to obtain this, the police file.

ETA: Do you think the lack of dna on the shoes is “enough to cast serious doubt on the conviction?”

Where does it say that the sole reason for casting doubt on the conviction is the lack of DNA on the shoes? I want to read this.

ETA: How often do prosecutors move to vacate a conviction? I'd say they're pretty confident.

 

[Frankie Hellis]

Where does it say that the sole reason for casting doubt on the conviction is the lack of DNA on the shoes? I want to read this.

ETA: How often do prosecutors move to vacate a conviction? I'd say they're pretty confident.

The post I was replying to stated “My point was that all evidence can't be shown, just enough to cast serious doubt on the conviction…” Therefore my question refers to the evidence shown.

Those who were involved with this vacatur hearing had other agendas. One could even go as far as to say some were not above board with this matter, as is evidenced by the Appellate Court’s response.

 

[NuttMegg]

I have reviewed all the available evidence. I have been to the courthouse during proceedings. I have been to the County courthouse to personally review the file they have from before Hae’s body was found. I helped to obtain this, the police file.

ETA: Do you think the lack of dna on the shoes is “enough to cast serious doubt on the conviction?”

I think there is and was enough reasonable doubt to vacate his conviction.

I think others should be investigated.

And I think that the politicos should not use the Lees in the manner they are using them.

Blackstone's Ratio, the backbone of our system, we presume a party innocent until proven guilty. He's paid 23 years when, IMO, there was always reasonable doubt.

"As the preeminent English jurist William Blackstone wrote,"etter that ten guilty persons escape, than that one innocent suffer."74 This principle can also be found in religious texts and in the writings of the American Founders.75 Benjamin Franklin went further arguing "it is better a hundred guilty persons should escape than one innocent person should suffer."76"

https://www.cato.org/policing-in-america/chapter-4/blackstones-ratio

Adnan Syed faced racial stereotypes in court that weren't scrutinized, experts say

“It seemed like what the prosecution did is it made an intentional choice to substitute Islamophobia and racial bias for proof,” San Francisco public defender Mano Raju said.

www.nbcnews.com

 

[NuttMegg]

BBM and CBM (color by me, lol)

"During the trial in Baltimore that culminated in his 2000 conviction, prosecutors made hundreds of references to Adnan’s race and religion, introducing him to the jury by saying, “The defendant is of Pakistani background, he’s a Muslim,” though Syed was born and raised in the U.S."
...............
“When prosecutors are functionally cheating in order to reduce the burden of proof, they’re basically saying, ‘If I scare the jury enough, if I fan racism and religious bias in this courtroom, then the jury will convict, even though the case is not proven beyond a reasonable doubt,’” he said. “One thing I think is important is that we fund public defenders well enough so we can counter these kinds of tactics.”
.................
"Syed’s case revealed chronic problems in the system, Raju said. Not only when it comes to racism in the courtroom, but also about extreme sentencing and coercive police questioning of minors."

Adnan Syed's court trial shaped by racial stereotypes, experts say

Following Adnan Syed's release after his murder conviction was vacated, experts and advocates are calling attention to how his race and religion were framed in court.

www.yahoo.com

 

[Frankie Hellis]

I think there is and was enough reasonable doubt to vacate his conviction.

I think others should be investigated.

And I think that the politicos should not use the Lees in the manner they are using them.

Blackstone's Ratio, the backbone of our system, we presume a party innocent until proven guilty. He's paid 23 years when, IMO, there was always reasonable doubt.

"As the preeminent English jurist William Blackstone wrote,"etter that ten guilty persons escape, than that one innocent suffer."74 This principle can also be found in religious texts and in the writings of the American Founders.75 Benjamin Franklin went further arguing "it is better a hundred guilty persons should escape than one innocent person should suffer."76"

https://www.cato.org/policing-in-america/chapter-4/blackstones-ratio

Adnan Syed faced racial stereotypes in court that weren't scrutinized, experts say

“It seemed like what the prosecution did is it made an intentional choice to substitute Islamophobia and racial bias for proof,” San Francisco public defender Mano Raju said.

www.nbcnews.com

I know you do. I, however, do not. When you read everything it is clear he murdered Hae. Some say he has served enough time and was young when it occurred. I could get on board with that if he admitted his guilt. What burns my butt is how this has played out. All one needs to subvert justice is a loud-mouthed, relentless friend who is willing to lie and a States Attorney under indictment, looking to redirect public attention from her own trial.

 

[Elliot_Alderson]

Lawyer for Hae Min Lee's family questions DNA testing results that cleared Adnan Syed.

...an advanced form of testing that allows for smaller samples -- came back on Friday and spurred the decision to drop the charges. She said they tested Lee's skirt, pantyhose, jacket and shoes. On the shoes, Mosby said, they found a mixture of DNA from four people. Syed's DNA was not found on any of the evidence, Mosby said

Last month, the Baltimore State's Attorney's Office filed a motion to vacate Syed's conviction and Judge Melissa Phinn agreed. The unusual move was spurred by two alternative suspects, who were not shared with the defense at the time of the original trial, which is known as a "Brady violation."
Mosby said new DNA evidence, the Brady violation and other inconsistencies about the case effectively cleared Syed.

Sure sounds like it was more than just DNA on shoes.

 

[Elley Mae]

What will happen next was not immediately clear. The appellate court panel said the “mandate” of its decision would be delayed for 60 days to allow the parties “time to assess how to proceed in response to this Court’s decision.” The Baltimore City State’s Attorney’s Office under Marilyn Mosby had dropped the case entirely before the appellate court ruling. That office is now run by Ivan Bates.

https://www.washingtonpost.com/dc-md-va/2023/03/28/adnan-syed-conviction-reinstated/

…

Why did Mosby drop the case?

BTW Mosby did not get reelection and has been indicted on federal charges of perjury.

The charges against the officers in F Gray case she brought were acquitted, dropped.

Jmo

 

[Frankie Hellis]

Lawyer for Hae Min Lee's family questions DNA testing results that cleared Adnan Syed.






Sure sounds like it was more than just DNA on shoes.

Here is what the Court wrote about the alleged Brady violation:

Fn. 15 p. 22: We note that, although CP § 8-301.1(f)(2) requires the court to “state the reasons for” its ruling, the court did not explain its reasons for finding a Brady violation. See State v. Grafton, 255 Md. App. 128, 144 (2022) (Brady violation requires proof that: (1) the prosecutor suppressed or withheld evidence; (2) the evidence was favorable to the accused; and (3) the evidence was material). It did not explain how, or if, it found that the evidence was suppressed, despite the lack of affirmative evidence that the information had not been disclosed, and the statement in the motion to vacate that, “f this information was indeed provided to defense,” the failure to utilize it would be ineffective assistance of counsel. The court also did not explain how the notes met the Bradymateriality standard. Additionally, the court found that the State discovered new evidence that created a substantial likelihood of a different result, but it did not identify what evidence was newly discovered or why it created the possibility of a different result.

And here is what they wrote regarding the “alternate suspects:”

Fn. 8 p. 7: CP § 8-301.1(b)(2) provides that a motion to vacate must “state in detail the grounds on which the motion is based,” but the State’s motion did not identify the two alternate suspects or explain why the State believed those suspects committed the murder without Mr. Syed. The note indicating that one of the suspects had motive to kill Hae is not part of the record on appeal, and in the State’s October 25, 2022 response, the Office of the Attorney General stated that there is other information in the note that was relevant but not cited in the motion to vacate.

As for the absence of the killer’s dna on items, there is a famous saying ”The absence of evidence does not mean evidence of absence.”

 

[Elliot_Alderson]

Here is what the Court wrote about the alleged Brady violation:

Fn. 15 p. 22: We note that, although CP § 8-301.1(f)(2) requires the court to “state the reasons for” its ruling, the court did not explain its reasons for finding a Brady violation. See State v. Grafton, 255 Md. App. 128, 144 (2022) (Brady violation requires proof that: (1) the prosecutor suppressed or withheld evidence; (2) the evidence was favorable to the accused; and (3) the evidence was material). It did not explain how, or if, it found that the evidence was suppressed, despite the lack of affirmative evidence that the information had not been disclosed, and the statement in the motion to vacate that, “f this information was indeed provided to defense,” the failure to utilize it would be ineffective assistance of counsel. The court also did not explain how the notes met the Bradymateriality standard. Additionally, the court found that the State discovered new evidence that created a substantial likelihood of a different result, but it did not identify what evidence was newly discovered or why it created the possibility of a different result.

And here is what they wrote regarding the “alternate suspects:”

Fn. 8 p. 7: CP § 8-301.1(b)(2) provides that a motion to vacate must “state in detail the grounds on which the motion is based,” but the State’s motion did not identify the two alternate suspects or explain why the State believed those suspects committed the murder without Mr. Syed. The note indicating that one of the suspects had motive to kill Hae is not part of the record on appeal, and in the State’s October 25, 2022 response, the Office of the Attorney General stated that there is other information in the note that was relevant but not cited in the motion to vacate.

As for the absence of the killer’s dna on items, there is a famous saying ”The absence of evidence does not mean evidence of absence.”

So when DNA evidence exonerates someone, then courts should look at that as meaningless because
"absence of evidence does not mean evidence of absence".

 

[jellybeanz]

I am so sad at this news.

 

[Soulmagent]

I have reviewed all the available evidence. I have been to the courthouse during proceedings. I have been to the County courthouse to personally review the file they have from before Hae’s body was found. I helped to obtain this, the police file.

ETA: Do you think the lack of dna on the shoes is “enough to cast serious doubt on the conviction?”

Hey Frankie , I think she might be talking about maybe a new investigation ,into a new suspect and that is the active part of the why it cant be released . I think .Not sure but I did handle a carfax thing once and bought a book..got it signed ..went on to live a pretty normal for me. life. Think a got a copy of one hearing on CD ,someone said I needed . So he was unfairly tried and they know it they seem to be trying to slow down a reveal , a reveal of what is the question, Maybe I dunno .

 

[Force Ten]

Maryland court orders new hearing for Adnan Syed, reinstating conviction Maryland’s second-highest court orders new hearing for Adnan Syed, reinstates conviction

Maryland Court of Appeals issues opinion that Young Lee, Hae Min Lee's brother's rights were violated when the Baltimore City Circuit Court didn't give notice ahead of the State's motion to vacate Adnan Syed's convictions and sentence https://wmar2news.com/local/maryland

It’s a beautiful day. Rest In Peace Hae Min.

 

[NuttMegg]

BBM

"The new ruling is mainly procedural, meaning it likely won’t affect the ultimate outcome of Syed’s case, which is almost certainly still headed for a resolution in his favor."
------------------------
"Still, the fact that the victim’s family brought the appeal directly to the state seems to be a sticking point for some in the criminal justice community. “This is a case in which the victims rights proponents are looking to expand the rights that they already have in our criminal justice system,” University of Maryland professor Doug Colbert, who was one of Syed’s original lawyers, told WMAR prior to a February hearing on the appeal. “They’re saying that a crime victim should have basically the same rights and role as a prosecuting attorney.”

The technical — but vital — reason Adnan Syed has to redo his conviction hearing.

A wildy rare appeal is sending Adnan Syed back to court — this time with Hae Min Lee’s family in the room.

www.vox.com

 

[JerseyGirl]

Adnan Syed asks court to reconsider decision to reinstate murder conviction

Adnan Syed is asking the Appellate Court of Maryland to reconsider its decision to reinstate his conviction.

foxbaltimore.com

 

[clearskies1]

Adnan Syed asks court to reconsider decision to reinstate murder conviction

Adnan Syed is asking the Appellate Court of Maryland to reconsider its decision to reinstate his conviction.

foxbaltimore.com

Interesting. Doubt the motion will succeed. I wish the trial court would set a public hearing date. JMO.

 

[sds71]

Maryland's Appellate Court denied a motion to reconsider its decision reinstating Adnan Syed's murder conviction:

https://courts.state.md.us/sites/default/files/import/cosappeals/highlightedcases/syed/1291s22orderonmotionforreconsideration050223.pdf



https://twitter.com/MikenzieFrost
Mikenzie Frost

@MikenzieFrost

Erica Suter, Syed's attorney, issued a statement: "Appellate courts routinely assess whether an error impacted the underlying proceedings. We are dismayed that the Appellate Court of Maryland opted not to do so here. We will be seeking review in the Supreme Court of Maryland."

 

[JerseyGirl]

Appeals court refuses to reconsider ‘Serial’ subject Adnan Syed’s sentence

Syed, 41, was convicted of the 1999 murder of his ex-girlfriend Hae Min Lee.

nypost.com