Mosby says if DNA does not match Adnan Syed, she will drop case against him

BALTIMORE -- While Adnan Syed is free right now, the decision on whether to move forward with a new trial for the murder of Hae Min Lee is up to Baltimore City State's Attorney Marilyn Mosby. 

Mosby spoke one-on-one with WJZ about the case and the judge's decision to throw out the conviction for the 1999 killing that placed Syed in prison for 23 years. 

Mosby told WJZ Investigator Mike Hellgren she is still waiting on new DNA test results of evidence to come back.

"If that DNA comes back inconclusive, I will certify that he's innocent," Mosby said. " If it comes back to two alternative suspects, I will certify that he's innocent. If it comes back to Adnan Syed, the state is still in a position to proceed upon the prosecution." 

Becky Feldman, the prosecutor in Mosby's office working on the investigation, said she was able to access the original case file from the attorney general this past June. 

She said she uncovered handwritten notes that identify two other suspects, including one who threatened to kill Lee. 

That evidence was never turned over to the defense, she said.

Maryland Attorney General Brian Frosh disputes that and issued a statement critical of Mosby's claims and saying there were "serious problems" with the motion to vacate Syed's conviction. 

Mosby responded on Tuesday. 

"Why did they sit on this information? Why wasn't this disclosed? Why wasn't it discovered?" Mosby said to Hellgren. "Because the moment that we discovered it, we turned it over. Those are questions you should be asking the attorney general."

Prosecutors admit cell phone evidence was unreliable and some witnesses testimony was not credible—including that of Jay Wilds who said Syed confessed to the murder and he helped bury Lee.

Mosby talked about the moment the judge vacated the conviction as she watched form the front row of the gallery in the courtroom. 

"It was an emotional moment for me because it's come full circle," she said.

Lee's family criticized Mosby saying they felt their voices were left out. 

"They were shut out of the legal process by the court and the state's attorney's office and it's inexcusable," the family's attorney Steve Kelly said outside court Monday.  "It's a violation of Maryland law and my clients are exploring their options."

Mosby noted the court set the hearing date and not her office. She said her office "did everything in their power" to notify the family. 

"We spoke to them before we filed that motion," Mosby said. "Becky Feldman, who leads my sentencing review unit, reached out to the brother of Hae Min Lee. She offered counseling services, offered her cell phone. They can call her at any time at night. She spoke to [Lee's brother] and then provided him a copy of the motion prior to us filing the motion once we filed the motion."

She said it was "erroneous" that her office was not in contact with Lee's family. 

The additional suspects in Lee's death have not been publicly named or charged by Mosby's office. 

In:
• Homicide
• Adnan Syed