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Adnan Syed’s Case Exemplifies Systemic Problems in the Criminal System

Sep 21 2022
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Justice is kaleidoscopic. Its definition generates a myriad of concepts, none of which are precise and definitive.

But the case of Adnan Syed offers a timeline of injustice inflicted by the massive power of the State.

The Syed saga began in 1999 in Baltimore, Maryland.

On January 13 of that year, a Woodlawn High School student, 19-year-old Hae Min Lee, disappeared shortly after leaving the school that afternoon to pick up a younger cousin from an elementary school.

Lee never arrived at the elementary school. She was reported missing by her parents.

Murder of Hae Min Lee

On February 9, 1999, Lee’s body was discovered in a shallow grave in Baltimore’s Leakin Park. Her partially buried body was seen by a passerby who notified the police. An autopsy revealed she had died from strangulation.

What had been a “disappearance” investigation by local law enforcement quickly evolved into a homicide investigation. That investigation developed three suspects in Lee’s murder.

But the investigation’s primary focus turned on 17-year-old Adnan Syed—an ex-boyfriend of Lee that dated her through most of 1998 before they broke up at the end of the year. That investigative focus began three days after Lee’s body was discovered when the police received an anonymous phone call suggesting that Syed had killed Lee because he was angry over their romantic breakup.

The police subpoenaed Syed’s cell phone records. His call log listed two individuals he had called after Lee’s disappearance: Jay Wilds and Jennifer Pusateri. Both were questioned by the police. Wilds eventually confessed that he had helped Syed bury Lee’s body in the park. Pusateri told police that Wilds had confided in her about his role in burying Lee’s body.

Police Arrest Adnan Syed

Based on this information, Syed was arrested on February 9, 1999.

The police buried in their files the information about the two other suspects. They formed a hard, fast, gut decision that Syed was Lee’s killer.

Syed was subsequently charged as an adult for first-degree murder and related crimes.

On December 19, 1999, Syed’s first trial, a three-day event, ended in a mistrial after the jury overheard a remark by the trial judge calling his defense attorney, M. Cristina Gutierrez, a “liar.”

On February 25, 2000, a second jury convicted Syed of first-degree murder, kidnapping, robbery, and false imprisonment. He was sentenced to life imprisonment and an array of consecutive and concurrent sentences for the related offenses. Gutierrez represented Syed at this trial as well.

Jay Wilds was the State’s chief witness. He told the jury that he helped Syed bury Lee in the shallow grave in Leakin Park and that Syed confessed to killing the young lady. Wilds also told the jury that he confided in Jennifer Pusateri that he helped bury Lee but had no part in her death.

Wilds gave the police three different statements before settling on the one presented to the jury.

Syed appealed his conviction to the Maryland Court of Special Appeals. He raised several statutory and constitutional violations—two of which focused on prosecutorial misconduct, namely, that the State suppressed favorable evidence and knowingly presented false testimony at trial.

On March 19, 2003, in a lengthy, detailed57-page opinion, the Maryland Court of Special Appeals denied Syed’s direct appeal. That same year, the Maryland Court of Appeals refused to review the Court of Special Appeals’ opinion, letting Syed’s conviction stand.

Syed’s trial attorney, Gutierrez, had beendisbarredwith her consent by that time. She died of a heart attack after a long struggle with multiple sclerosis the year after Syed’s conviction was upheld.

Delays Begin

Syed’s case went dormant for the next seven years as he served the life sentence in a Maryland prison.

In May 2010, however, with a new attorney, C. Justin Brown, Syed filed a post-conviction application under Maryland law seeking a new trial.

The application alleged nine specific instances in which his trial counsel, Gutierrez, was ineffective before and during his second trial—most notably of which was Gutierrez’s failure to interview an alibi witness whose testimony would have exonerated Syed.

The trial court conducted a two-day hearing on the post-conviction application in October 2012.

On December 30, 2013, the courtdeniedSyed’s post-conviction application. On February 6, 2015, Syed sought andsecuredleave to appeal that denial to the Maryland Court of Special Appeals. The appeals court issued alimited remand orderon May 18, 2015, allowing Syed an opportunity to petition the trial court to reopen the post-conviction proceedings to have further proceedings on the alibi issue.

On August 24, 2015, Attorney Brown filed an independentmotion to reopenthe post-conviction proceedings. The motion presented newly discovered evidence that questioned the reliability of data from Syed’s cell phone that had contributed to his conviction.

On November 6, 2015, the trial court ruled that the “interest of justice” demanded that the post-conviction proceedings should be reopened to consider troubling questions about misconduct by prosecutors and ineffective assistance by Gutierrez.

Thereafter, the trial court conducted a five-day hearing in February 2016 concerning the merits of these two serious constitutional issues. The evidence, including Syed’s alibi witness and the overwhelming evidence of ineffective assistance, presented at that hearing convinced the trial court to reverse Syed’s convictions andorder a new trial.

Nearly two years later, on March 29, 2018, the Maryland Court of Special Appealsupheldthe trial court’s decision granting Syed a new trial.

The State appealed this decision to the Maryland Court of Appeals, the State’s highest court of criminal appeals. On March 19, 2019, that court, in a 4-3 decision, reversedthe lower court’s grant of a new trial and reinstated Syed’s convictions. The court agreed that Cristina Gutierrez had provided ineffective assistance but that Syed had not been “prejudiced” by her deficient performance.

Significantly, in the fall of 2018, after the Maryland Court of Special Appeals decision granting the new trial, DNA analysis was conducted on 12 items of evidence found at the Leakin Park crime scene, including Lee’s necklace. The resultsrevealedthat neither Syed nor Wilds’ DNA was on any of the evidence tested.

While his case meandered up and down the Maryland judicial system, Syed became an internationalcause célèbre after his case was featured on the true-crime podcast “Serial” in the Fall of 2014 and a 2019 HBO crime docuseries called “The Case Against Adnan Syed.”

The Serial podcasts were downloaded worldwide more than 100 million times, placing every facet of the Syed case in the world arena and earning the podcast the prestigious2014 Peabody Award.

The national and international media attention, along with the 2019 negative DNA results, no doubt influenced Baltimore County Circuit Court Judge Melissa Phinn toorder new DNA testingafter the local prosecutor’s office, and Syed’s defense team requested the order. Both parties believed the most recent DNA technology could produce results that could exculpate Syed.

State’s Attorney Files Motion to Vacate Syed’s Conviction

However, on September 15, 2022, without waiting for the DNA results, Baltimore County Assistant State’s Attorney Marilyn Mosby filed a21-page motionto vacate Syed’s convictions. The motion admitted pretrial prosecutorial misconduct—the suppression of the two “alternative suspects”—prompted the State’s move.

The motion also referenced the ineffective assistance of counsel Syed received and the unreliability of Syed’s cell phone data as additional reasons why the prosecutor had lost “confidence in the integrity of the conviction.”

While the motion said the “interests of justice” demanded a new trial, the motion stopped short of announcing the prosecutor’s office was convinced of Syed’s actual innocence.

Judge Phinn had heard enough.

On September 19, 2022, shevacated Syed’s convictionand ordered his release from prison into home detention. Judge Phinn gave prosecutors 30 days to decide whether to retry Syed.

Maryland Attorney General Brian E. Frosh (D) and the Lee family blasted Mosby’s motion and Judge Phinn’s decision to vacate Syed’s conviction.

Attorney General Frosh’s criticism missed the mark by a mile, focusing his anger over the finding of prosecutorial misconduct.

The Syed case was riddled with official misconduct (both police and prosecutor suppressed the existence of alternative suspects); judicial bias (the first trial ended in mistrial because the judge called Syed’s attorney a “liar” in the presence of the jury); and ineffective assistance of Syed’s defense counsel who, while defending Syed, was depositing money from her clients to pay medical bills for the terminal illness that killed her two years after Syed’s conviction.

The decisions by prosecutor Mosby and Judge Phinn had nothing to do with “actual innocence.” The “interests of justice” demanded that the two public officials fulfill their constitutional duties to vacate Syed’s blatantly unconstitutional convictions.

This case illustrates many inherent problems deeply entrenched within the criminal justice system. Law enforcement and prosecutorial misconduct coupled with ineffective assistance of counsel, followed by decades of litigation disputing issues that, in a system dedicated to justice, should have immediately caused a new trial. Instead, Adnan Syed was incarcerated for two decades for a crime he probably did not commit, while evidence, witnesses, and suspects were most likely lost forever.

This case is a real tragedy for two families, Lee’s and Syed’s. Both have suffered injustice and pain that could have been avoided had the police and prosecutors conducted a thorough investigation and played by the Constitution’s rules. Instead, because officials went with their gut and focused immediately upon Syed, going as far as to cover up other potential suspects, real justice may be forever out of reach for the Lee family.

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    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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