Family of Hae Min Lee contends case against Adnan Syed is still alive in appeal
BALTIMORE -- The family of Hae Min Lee on Thursday asked the Maryland Court of Special Appeals to scrutinize the conduct of Baltimore prosecutors when they sought to vacate Adnan Syed's murder conviction.
Lee's family contends the Baltimore City State's Attorney's Office evaded constitutional requirements afforded to victims and their families and, in particular, the requirement that they should have an opportunity to appear and comment on the evidence.
Representatives for Young Lee, Hae Min Lee's brother, filed a notice of appeal on Sept. 28 arguing Lee's family did not receive enough notice about the hearing to vacate the conviction. Lee's lawyer argued circuit court proceedings should be paused until the appeal is heard.
The Maryland Court of Special Appeals denied a motion earlier this month to pause the legal proceedings that set Adnan Syed free, eventually leading to the charges against him being dropped, and asked why an appeal from Lee's should move forward, giving them 15 days to respond.
The family said in a Thursday filing "prosecutors set up a secretive Star Chamber proceeding that shut the Lee family out from any meaningful involvement or engagement with the record."
Baltimore City State's Attorney Marilyn Mosby's office gave the Lee family two business days' notice of its intention to file a motion calling for Syed's conviction to be thrown out, according to court records.
On Friday, Sept. 16, an attorney with Mosby's office told Young Lee an in-person hearing was scheduled for the following Monday and sent a Zoom link to watch, they wrote.
"She did not tell Mr. Lee that he had a right to speak or otherwise participate in the hearing," Frosh and Williams wrote.
Lee hired a lawyer asking to postpone the hearing by seven days so he could be in court. Judge Melissa Phinn denied that motion, but she gave Lee time to speak over Zoom.
"I've utilized my power and discretion to dismiss the case," Mosby said in a press conference the day Syed's charges were dropped "There is no more appeal, it's moot."
"This appeal is not moot," the family said in its rebuttal Thursday. "Young Lee, as the victim representative of his murdered sister, has suffered an ongoing constitutional and statutory injury for which he seeks a remedy prescribed by Maryland law
The Maryland Court of Special Appeals denied a motion earlier this month to pause the legal proceedings that set Adnan Syed free, eventually leading to the charges against him being dropped, and asked why an appeal from Lee's should move forward, giving them 15 days to respond.
In the filing overnight on Thursday, Hae Min Lee's brother Young Lee said the appeal they filed should remain active because "... as the victim representative of his murdered sister, has suffered an ongoing constitutional and statutory injury for which he seeks a remedy prescribed by Maryland law."
The family alleged that their voices were "silenced" when "...prosecutors set up a secretive Star Chamber proceeding that shut the Lee family out."
The family also said they were "...deprived of the opportunity to review and examine the evidence" that ultimately set Syed free.
Baltimore City State's Attorney Marilyn Mosby's office gave the Lee family two days' notice of its intention to file a motion calling for Syed's conviction to be thrown out, according to court records.
On Friday, Sept. 16, an attorney with Mosby's office told Young Lee an in-person hearing was scheduled for the following Monday and sent a Zoom link to watch, they wrote.
"She did not tell Mr. Lee that he had a right to speak or otherwise participate in the hearing," Frosh and Williams wrote.
Lee hired a lawyer asking to postpone the hearing by seven days so he could be in court. Judge Melissa Phinn denied that motion, but she gave Lee time to speak over Zoom.
"This is a situation where nobody wanted this victim raising questions," said Attorney Steve Kelly who represents the Lee Family. I firmly believe it. Have a year long investigation, all of a sudden you're deciding to have an emergency hearing. I mean, imagine, you know, what the impact of this is going to be on this family, it's going to be devastating and re-traumatizing. It's going to open up all these old wounds."
The Maryland Office of the Attorney General has joined Lee's family in the appeal, with Brian Frosh stating in a Tuesday filing Mosby's actions "raised red flags about the integrity and neutrality of the proceedings."
Mosby issued a statement about Frosh's filing on Twitter. In the statement, she defended her actions and said it was "extremely troubling" that Frosh was "clearly biased" and operating "in self-preservation mode."
"Attorney General Brian Frosh and his office mishandled and sat on exculpatory evidence for years and his recent attempts to save face is a complete disservice to the family of Hae Min Lee and to Adnan Syed who was wrongfully incarcerated for 23 years," she said. "We stand by our investigation and our ultimate finding that there is no credible evidence that Mr. Syed was involved in the death of Ms. Lee."
In a follow-up statement Friday, State's Attorney Mosby's office wrote "Our office truly empathizes with the family of Hae Min Lee, which is why all along we've attempted to keep them apprised of each step of the legal process. As we've already conveyed to the victim's attorney, we remain committed to offering counseling services, detailing our investigation, and keeping open lines of communication with this family, who have clearly been re-victimized by the misdeeds of prior prosecutors.""
"Mr. Lee has no interest in litigating Mr. Syed's ultimate guilt or innocence as part of this appeal," Lee's counsel said in the Thursday filing. "But Mr. Lee is entitled to an open evidentiary hearing at which the State's Attorney explains to the family and the public the precise legal and evidentiary basis for the vacatur and provides Mr. Lee a meaningful opportunity to be heard and to object."
Lee went missing in January 1999, when she was 18 years old. Her body was found weeks later in Baltimore City's Leakin Park. Syed was 17 years old when he was charged in Lee's death, and he was convicted of the crime in 2000. The case first received national attention in 2014 the hit podcast "Serial" raised questions about the prosecution.
Syed's murder conviction was vacated on Sept. 19, and weeks later, he became a free man after his charges were dropped. Mosby said new DNA testing results excluded Syed from evidence in Lee's murder.
Both Lee and Syed were students at Woodlawn High School.
