“After an almost year-long investigation reviewing the information of this case, Syed deserves a brand new trial the place he’s adequately represented and the most recent proof may be offered,” Baltimore Metropolis State’s Lawyer Marilyn Mosby mentioned within the assertion.
The state will request that Syed be launched on his personal recognizance pending the investigation if the movement to vacate his conviction is granted.
“We consider that retaining Mr. Syed detained as we proceed to research the case with all the things that we all know now, after we shouldn’t have confidence in outcomes of the primary trial, can be unjust,” Mosby mentioned.
In a press release emailed to CNN, spokesperson for the State Lawyer’s Workplace Zy Richardson mentioned the two p.m. listening to is about to debate the movement, and “the choose can both deny or approve the movement to vacate Syed’s conviction.”
Protection attorneys praised the prosecution’s movement to vacate the conviction as righting a improper.
“Given the gorgeous lack of dependable proof implicating Mr. Syed, coupled with growing proof pointing to different suspects, this unjust conviction can’t stand,” Assistant Public Defender Erica Suter, Syed’s legal professional and director of the Innocence Undertaking Clinic, mentioned in a press release.
Maryland public defender Natasha Dartigue in a information launch referred to as the case “a real instance of how justice delayed is justice denied. An harmless man spends many years wrongly incarcerated, whereas any data or proof that would assist establish the precise perpetrator turns into more and more tough to pursue.”
What we all know in regards to the case
Adnan and Lee have been seniors at Woodlawn Excessive College in Baltimore County in January 1999 when she disappeared. Her strangled physique was found in a metropolis forest three weeks later.
Mosby mentioned prosecutors are “not asserting, right now, that Mr. Syed is harmless” however that the state “lacks confidence within the integrity of the conviction” and that Syed ought to get a brand new trial.
The March movement requested that the sufferer’s clothes be examined for contact DNA, which was not accessible on the time of trial. Objects now being examined weren’t beforehand examined in 2018 — when the Baltimore Metropolis Police Lab examined numerous gadgets for DNA — except the sufferer’s fingernail clippings, Mosby’s assertion mentioned.
Mosby mentioned the movement to vacate was filed together with Sentencing Evaluate Unit Chief Becky Feldman. Syed was a juvenile when convicted.
The choice suspects have been recognized individuals on the time of the unique investigation “and weren’t correctly dominated out nor disclosed to the protection,” in accordance with Mosby’s assertion.
The state is just not disclosing the names of the suspects however mentioned that, in accordance with the trial file, one in all them mentioned, “He would make her [Ms. Lee] disappear. He would kill her.”
The investigation additionally revealed that one suspect was convicted of attacking a girl in her car, in accordance with the assertion. The second suspect was convicted of participating in serial rape and sexual assault, the assertion mentioned.
A few of the data was accessible on the time of the trial, the assertion mentioned, and a few got here to mild later. It isn’t clear when these assaults occurred.
Lee’s automotive was situated “straight behind the home of one of many suspect’s members of the family,” the assertion mentioned.
Attorneys for Syed introduced the case to the eye of the sentencing assessment unit in April 2021.
Syed’s attorneys “recognized vital reliability points relating to essentially the most vital items of proof at trial,” Mosby’s assertion mentioned.
At trial, prosecutors relied on testimony from a buddy, Jay Wilds, who mentioned he helped Syed dig a gap for Lee’s physique. To corroborate his account, prosecutors offered mobile phone data and knowledgeable witness testimony to position Syed on the website the place Lee was buried.