Adnan Syed, a convicted murderer who is the subject of the popular podcast Serial, could potentially be given a new trial if a lower court decides to allow a new witness to testify.
In a court ruling [pdf], Judge Peter B. Krauser of the Court of Special Appeals of Maryland overturned the circuit court of Baltimore's decision to deny Syed a post-conviction relief, granting Syed, who was convicted of murdering his high school girlfriend in 1999, a new evidentiary hearing that could pave the way for the testimony of Asia McClain, Syed's friend and a potential alibi witness.
Syed, now 34 years old, was only 17 when he was accused of murdering his high school girlfriend Hae Min Lee, who vanished from Woodlawn High School in Baltimore and was never seen again. Her body was found later in a shallow grave near the school. Syed, who has maintained his innocence since then, became the subject of Serial, a podcast set up to question whether Syed was given a fair trial.
Among the doubts raised about Syed's case is whether his defense lawyer, the late Cristina Gutierrez, failed to accomplish certain steps to defend her client, including the fact that she did not call McClain, Syed's friend, who claims to have seen him in school at the time the murder was being committed, to testify in court. Gutierrez also did not seek a plea deal for her client, despite Syed's request for her to do so.
Moreover, McClain says in an affidavit filed earlier this year that Assistant State Attorney Kevin Urick pressured her against participating in Syed's hearings and suppressed her testimony.
"We are very pleased with the Court of Special Appeals' ruling and we think it's the fair thing to do and it's in the interest of justice that this case be remanded to hear the testimony of Asia McClain," said C. Justin Brown, Syed's attorney.
The ruling does not automatically give McClain permission to testify. Instead, it only allows Syed to file a request to reopen the case with the Baltimore circuit court to "supplement the record with relevant documents and even testimony." Afterwards, the court of appeals may review the case to decide whether to grant Syed a new trial.
Hosted by Sarah Koenig, Serial debuted last year and set the iTunes record for being the fastest podcast to reach 5 million downloads. Currently, Syed is serving life in prison.
