Episode Transcript
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at a maryland, correctional
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facility this cause will be recorded
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and monitored if there is a major
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to home than any case sentimental forward
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in the hip hop standing
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, possible state's attorney
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presenting new evidence to of all
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possible possible what's this
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all means is that after decade
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to embarrass her
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that
1:11
the non hired got out of prison yesterday was
1:14
, the whole thing thing
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his attorney or a suitor today
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my friend and client had no say it
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works free for the first time and twenty
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three years
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on one day last week city prosecutors
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filed a motion saying they could no longer
1:34
stand behind the murder case they built against
1:36
adnan they're asking a judge to
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vacate the conviction hi days
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later adnan was out i'm
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home detention for now but our home
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good , afternoon is since
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the inception of my marilyn mosey baltimore
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state's attorney started attorney give a statement
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to the dozens of tv cameras and microphones
1:56
mass on the sidewalk outside on courthouse
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now
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did you couldn't compete with the mayhem when
2:07
adnan family was out
2:14
and the people have been
2:16
arguing for his release
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some of them for decades the pensive
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strain of
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years worth of rage and frustration
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suddenly lose down the sidewalk spilling
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onto calvert street
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a non didn't say where
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it just kept his cool while sheriff's
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deputies hurried and to the scrum and into a white
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van a ,
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and i have talked on and off over the years more
2:38
recently seem like he was trying to tamp down
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his hopes not get ahead of himself himself
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of years old attorneys though the guys who tried to get him
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out on bail when he was seventeen i
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cut them out on the sidewalk hugging activists
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i was in the courtroom for the hearing more
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than one hundred people at times shockingly
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quiet
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the known as breathing
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at the beginning young lead a brother of
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hae min lee says murder was about
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to be unsolved by
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a zoom directly to judge melissa sen
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he only try to keep it together but he couldn't i
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think it over he said it always comes
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back a real life living nightmare
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for twenty plus years the
3:26
often told the judge she believes in the justice system
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is not against a new investigation he
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said the jets fan make the right decision
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the prosecutor at the highlights of her motion
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into the record and nones lawyer made a brief
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statement and within about forty minutes
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the judge was ready with her decision hundred
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nineteen states september twenty twenty two
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she said the interests of justice
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the motion to vacate is hereby granted
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you may be asking what on earth happened
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i've been the last it is trying to understand it myself
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where for this nation to vacate the burst
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like a firework and the prosecutors office,
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the very same office, that asked the the jury in
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1999 to quote, come back with
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a guilty finding for first-degree premeditated
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murder by the defendant adnan
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syed the
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prosecutor's today are not saying it down is
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innocent they stop short of exonerating
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they're they're saying the back in nineteen
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ninety nine we didn't investigate this
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early and as we relied on evidence
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we shouldn't have and we broke the rules
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when we prosecuted this wasn't
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an honest conviction
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according to prosecutors office they
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didn't set out to pick uprooted nuns case
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our own case my do they
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, just kind of crumbled once they took
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a hard look i now have
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you heard season one of cereal you know how
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i got there here's how they got
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there almost a year ago
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a new law took effect in maryland the
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juvenile restoration act wherever
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think the law says is that if you've served at least
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twenty years in prison for a crime you committed
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when you were a juvenile you can ask
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port to reduce your sentence maybe even let you
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for the day after this new law comes into effect
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on october second twenty twenty one the
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non current attorney eric a suitor
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delivers his case over to the baltimore city state's
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attorney's office
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for them to look at because
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if you remember a non was only seventeen
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when seventeen when arrested for killing hae min lee classmate
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former girlfriend
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this request goes to becky feldman chief
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of the sentencing review unit for the prosecutor's
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office
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one of the factor she has to weigh and deciding
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whether to support a sentence reduction under this
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new law is the facts of the crime
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the becky phone and starts reading pretty
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soon she's bothered right
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with the case she's having having time
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answering what should be a simple question what
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did not say a level of culpability
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in this crime becky
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four minutes
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the new to the prosecutor's office pretty
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new to being a prosecutor she'd been higher
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but the public defender's office
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the years
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britain's of alarm was cultivated on the
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defense side i
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haven't reviewed and supposed to be reinvested in
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of a case but that's it starts rolling by
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march back his office joined by advanced lawyer
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asks a judge the order new high tech dna
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testing
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that takes a while the work through the system
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the while they wait becky and or consider work together
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pulling summers
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becky's office consult cell phone experts
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a polygraph expert she's all
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up inside google maps and land records
6:29
the states massive case file is over the
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attorney general's office general's few blocks away
6:33
the concert having it over there in june
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the eighties offices like seventeen bucks
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is a case materials his copy machine
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knock yourself out
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she copies a bunch of stuff from the first
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seven boxes takes the papers back
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to her office to read and that's
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when she discovers some handwritten notes
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they're messy hard to make out but
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once you decipher the writing she realizes
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these notes or about or about alternate
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suspected case she ,
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america suitor hotels or yeah
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we've never seen these ads before they're
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both shocked once
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the dna results came back in mid august with
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nothing the conclusive are useful they
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took stock of everything they'd learned the
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result was result was the t of problems
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the cumulative effect gave the state quote
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overwhelming cause for concern under
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the circumstances they couldn't justify
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holding a non imprisoned anymore the
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becky feldman wrote a motion to the court motion
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to bake
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the motion to vacate does not hello
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the new story of the crime doesn't layout
7:33
an alternate theory of who killed hae min lee
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the motionless out how the system malfunctioned
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back then and how little we know now
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the headline of the state's motion is that
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they've developed more evidence about to people
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who might have been involved in the crime but
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whom they say weren't proper really ruled out of suspects
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they don't name these people they just call them the suspect
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or at the suspects because they say
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the investigation is ongoing he
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made it anymore together or separately
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they don't know the both were known to detective
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said the time
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the first thing and worst thing they list about
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these possible suspects those hands
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notes becky feldman found in the states trial
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boxes
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they appear to be written by a prosecutor
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memorializing two different phone calls send
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different
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people who called the state's attorney's office
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to give information about the same
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person
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the know turn dated the message
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that you can tell the calls came in several months
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apart and before a
8:30
was tried
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he just of the information from both cause
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is that a guy the state had moralists overlooked
8:36
had a motive to kill hae min lee that
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this person was heard saying that he was upset with her
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and that he would quotes make her disappear
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he would kill her on quo in
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court yesterday becky said the save had looked into
8:48
this individual and founding information
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in the handwritten notes to be credible the
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suspect had a quote motive opportunity
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and means to commit the crime whether
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he did or he didn't though legally
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speaking this would be a major breach
9:02
they failed to turn over evidence like this
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is a defense that's known as brady
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violation that's what so
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alarm specie feldman that it looks
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like a nones lawyers never knew about these calls
9:14
that alone could because to overturn a dance conviction
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so that's the biggest problem emotion explains
9:20
this brady violation regarding one of the
9:22
to alternate suspects the prosecutors
9:24
are not naming and emotion
9:27
says they've also got other new information
9:29
about these two suspects one in an
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had a connection to the location where heyman
9:33
least car was after she disappeared
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one or both of them have relevant criminal histories
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mostly crimes committed after nuns trial
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one of them for series of sexual assault i
9:45
know who these suspects are one
9:47
of them was investigated at the time to
9:49
a couple of polygraph the other
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was investigated also but not with much bigger
9:53
as far as i can tell you know in
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prison for sexual assault the
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no one is charged either these guys in connection
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heyman least murder so not
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going to name them either
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that's all the new information they found
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about the case but the motion continues
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they also looked at the old information
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and , they're saying they've lost season that
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to they don't trust the state the main
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evidence at trial the testimony
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of their star witness j wilds and
10:20
the cellphone records they don't hold up
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separately they don't hold up together if
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you listen to our show you probably remember
10:27
all this jay was a friend of a nonce
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who told the car
10:30
i didn't on said he was going
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kill hae and then after he did it
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he showed j her body in the trunk of a car
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and then coerce j into health
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bury her in a wooded city park
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the motion explains as many people
10:42
have before that the details of jay's
10:44
story kept changing thank
10:47
you film points to one glaring example the
10:49
location where jay says it non first showed
10:51
him his body in his first
10:53
taped interview with the detectives j
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tells them he met up with a non somewhere along
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edmunds and avenue and that's when he
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sees his body in the trunk
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oh come on man
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you say ever
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wanted was in as the officers because
11:15
he forces one has is everywhere he goes
11:17
i don't know about a site
11:21
a couple weeks later j tells the cops
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he met up with a non and saw his by
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the in a different spot and
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, he wrote to your house just
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you receive some of them as a guest
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on his self esteem which is your possess
11:34
guess and the
11:36
conversation was one
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that it is they come get me on
11:43
edge espa
11:45
into stories gotten even more confusing in
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the years since the trial the most
11:49
you know said jay told a reporter not me
11:52
back into
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fourteen that he been out in front of his
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grandmother's house when a non came by and pop
11:56
the trunk
11:58
the trial prosecutor kept saying that the
12:00
jury when
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no he's not the greatest witness i
12:03
do remember that when we first heard his
12:07
testimony that we were all skeptical
12:09
like who is this guy and where did he come from
12:12
such a journey lisa flynn
12:14
the prosecutors are telling the jury don't worry
12:16
you don't have to rely on his testimony alone
12:19
the do anything is corroborated the
12:21
cellphone records cell phone
12:23
evidence was crucial to the state's case it underpinned
12:26
jay's testimony about what happened that night
12:28
where they went from they spoke to a
12:30
glued together the timeline cell phone
12:32
evidence clear up the shagging us of jay's
12:34
story
12:35
after hearing the other testimony
12:37
and then seeing the records and like
12:40
the cell phone records
12:42
knowing that okay is itself even
12:44
as he had five that many
12:46
pretty upset you're you're correct place at
12:49
this time
12:50
the becky common wrote last week's motion that the selfhood
12:52
eminence a trial
12:53
it was unreliable
12:56
no defense team has been saying this for years
12:58
but the state only recently two to three
13:00
experts about what the cell records actually
13:02
show and don't show and
13:05
the experts all agreed you can't use
13:07
the incoming call records to back up jays
13:09
narratives doesn't work like that for
13:11
a host reasons i won't bore you with we
13:14
didn't get to the bottom of this incoming call problem back
13:16
when we were putting the story
13:21
at the end of the motion becky salmond tacked
13:23
on a by the way final section
13:26
about one of the two main tachibana case
13:28
bill rates he was accused of
13:30
misconduct in another murder case that went to trial
13:32
the same you're a non did in that
13:34
case detective rich was accused manipulating
13:37
evidence fabricating evidence not disclosing
13:40
exculpatory evidence not following up on
13:42
evidence pointed to a different suspect and
13:44
twenty sixteen the guy convicted in that
13:46
exonerated
13:48
written is one of the two detectives who
13:50
repeatedly interview jay wilds
13:56
that's the bulk of the state's motion to vacate
13:59
new and
13:59
nation about to potential suspects
14:02
important evidence withheld from the defense
14:05
renewed suspicion of jay's story loss of
14:07
confidence in the cell phone evidence and
14:09
while the brady violation alone is enough they
14:11
to cry uncle all together
14:14
well yes overwhelming
14:16
cause for concern
14:18
the non case with a mess is
14:21
amiss that's pretty much where we were
14:23
when we stopped reporting and twenty fourteen
14:25
the more city police have told the prosecutor's
14:27
office they're gonna put someone back on the case
14:30
and will try to talk to the two suspects becky identified
14:32
in the motion i , zero
14:35
predictions about look at canada but
14:37
i do know that the chances of the state ever
14:39
to into prosecuted
14:49
when rami choudhry first came to me about this case
14:52
i hadn't heard of it no other journalists
14:54
were looking at it most of the reporting
14:56
the reporting was try to find out obviously
14:58
who killed this young woman but also if
15:00
everyone's doing their job rate how does
15:02
it could get convicted on evidence this shaky
15:06
the years since our story first aired robbie
15:08
and others have pushed to find out more now
15:10
here comes city prosecutors nair going even
15:12
further the picture that emerged
15:15
is this the not case
15:17
contains just about every chronic problem
15:19
or system can cause who
15:22
is using questionable interview methods
15:24
prosecutors keeping crucial evidence from
15:26
the defense slightly junkie science
15:29
extreme prison sentences juveniles
15:31
treated as adults
15:33
how grindingly difficult it is get
15:35
your case back in court once you've been convicted
15:39
the baltimore court
15:40
i'm worried non hearing was held is an old
15:42
school architectural jam they're
15:44
hoping the massive shit the lawyers while secured
15:48
the soaring ceilings are meant to inspire
15:50
soaring thoughts about justice
15:52
presumably and fairness yesterday
15:56
there was a lot of talk about fairness that
15:59
most of the
15:59
they put in motion to vacate all
16:02
the actual evidence was either
16:04
know the or knowable to cops and prosecutors
16:07
eighteen nineteen ninety nineteen even
16:10
on a day when the government publicly recognizes
16:12
it's own mistakes it's hard to feel
16:15
in about a triumph of fairness
16:17
it up a system that takes more than twenty
16:19
years since correct and
16:22
that's just this one
17:12
the poor for serial com some males and from
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that's because we have the staff from the resources
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photo insects
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