Adnan Syed asks Maryland court to reconsider decision to reinstate murder conviction
BALTIMORE -- A new motion filed by Adnan Syed's legal team asked a Maryland appeals court to reconsider its decision to reinstate his murder conviction and sentence in the 1999 killing of Hae Min Lee.
In March, Maryland's second highest court made the decision to reinstate his conviction and sentence. The decision was centered around Lee's brother, Young Lee, not being able to attend in person the hearing that led to Syed's release after serving more than 20 years in prison.
"What this motion is saying is, 'Yes, fine, Appellate Court, you said this broke the rules, but you haven't showed how it made a difference," Appellate Lawyer Steven Klepper told WJZ.
In 2000, Syed was convicted in the murder of Hae Min Lee, his ex-girlfriend and classmate at Woodlawn High School.
Syed's case gained national attention when it was featured in the first season of the true crime podcast, "Serial".
In September of 2022, Syed was released from prison after a judge vacated his conviction.
In this latest motion, Syed's attorneys, Erica Suter and Brian Zavin, argued that the Appellate Court of Maryland judges, when they issued their decision in March, failed to show how the in person presence of Lee's brother would have led to a different outcome in the hearing which ultimately led to Syed's release.
Lee's family attorney, Steven Kelly, wants Syed to present evidence in court to earn his freedom.
"If (Adnan Syed) was wrongfully convicted, then, yes, I agree, he is a victim of wrongful conviction," Kelly said. "But, that hasn't been established."
Adnan Syed Motion to Reconsider by Miranda Villei-Stepp on Scribd
In a press release that followed the filing of the new motion, Zavin said, "Even a criminal defendant generally is not entitled to reversal of a conviction for the violation of their constitutional rights if the appellate court finds that the result would have been the same despite the error. Likewise, here, any violation of a right to appear in person that Mr. Lee possessed would not have changed the outcome of the vacatur proceeding."
"This case demonstrates the profound harm caused by wrongful convictions-both for Hae Min's family, who lost their daughter and sister and have yet to receive true answers about her death; and for Adnan's family, who lost their son and brother for more than 20 years for a crime he did not commit," said Erica J. Suter, assistant public defender, director of the Innocence Project Clinic and lead counsel for Adnan Syed.
Suter also said, "clarifying the extent to which victims like Young Lee are entitled to be present in the courtroom for a vacatur hearing should not extend the wrongful conviction, deep trauma, and possible incarceration of a man and family who have already endured decades of injustice."
Appellate Lawyer Steven Klepper spoke with WJZ about Syed's case that he has been following.
"What happened here is Young Lee did get notice," Klepper said. "It was found not to be adequate notice."
Klepper said the motion to reconsider argues Lee's brother appearing by video during Syed's court hearing would not have made a difference.
Kelly said the argument amounts to 'no harm, no foul.'
"That argument, if the court were to accept it, would be to say victims' rights are completely meaningless," Kelly said.
Syed has been largely private since his release but he has been guest lecturing at Georgetown and spending a lot of time with family.
Kelly said Lee's family just wants the right thing to be done.
"Whatever that is, if it's exonerating Mr. Syed, then it needs to be done, but it needs to be done transparently and in accordance with the law," Kelly said.
Lawyers say this is a routine motion and Syed has the right to appeal to the state's Supreme Court.
That "re-do" of the lower court hearing would happen should these motions be denied.
