Adnan Syed's murder conviction on hold for now, as Maryland Supreme Court considers appeal
ANNAPOLIS, Md. (AP) — Adnan Syed will not return to jail and his murder conviction is on hold, for now, as Maryland's Supreme Court decides whether to hear his appeal.
The state's highest court issued an order on Thursday that prevents the reinstatement of Syed's murder conviction by a lower court.
Syed's legal case began more than two decades ago, and gained international attention from the hit podcast "Serial." He regained his freedom in September from a judge after Baltimore prosecutors moved to vacate his conviction, saying they reviewed the case and found alternative suspects as well as unreliable evidence used at trial.
But the victim's family said they received insufficient notice to attend the September hearing before the judge in person, which violated their right to be "treated with dignity and respect," and the state's intermediate appellate court agreed. In a 2-1 decision in March that was stayed for 60 days, the judges reinstated Syed's conviction and ordered a redo of the hearing in question.
With the 60 days nearing an end, Syed's lawyer, Erica Suter, asked the Supreme Court of Maryland on Wednesday to issue a stay in the case to prevent her client from potentially being incarcerated while the court considers whether to hear an appeal.
Justice Shirley Watts noted in her order, which was approved with a majority of the court's seven justices, that the victim's family and the office of the state's attorney general have consented to the stay of the lower court's mandate while the Supreme Court considers whether to hear the appeal and during the pendency of an appeal.
Suter is asking the court to review several legal issues, including whether former Baltimore State's Attorney Marilyn Mosby's decision to dismiss the charges against Syed last year made the family's court challenge moot.
The Maryland Office of the Public Defender issued a statement on the petition for a writ of certiorari that was filed in the Supreme Court of Maryland.
The petition asked the court to review several legal issues, including whether the State's Attorney's decision to dismiss the charges against Adnan after DNA testing confirmed his innocence made the appellate challenge moot.
"Adnan's innocence is not at issue, but his rights as a defendant and freedom as an exoneree are directly impacted by the Appellate Court of Maryland's decision," Suter said in the statement. "Beyond the import of these proceedings to Adnan and his family, the issues raised have broader implications for our entire legal system, most notably the authority of the State to dismiss a case, the role of victims' representatives in proceedings to redress unjust convictions, and the restrictions placed on judges' discretion to utilize remote communication services like Zoom. We hope that the Supreme Court will consider these vital issues of first impression."
Syed, who has always maintained his innocence, was 17 when his high school ex-girlfriend and classmate, Hae Min Lee, was found strangled to death and buried in a makeshift grave in 1999. He was arrested weeks later and ultimately convicted of murder in 2000.
In Wednesday's court filing, Syed's counsel noted he has been employed since December, working as a Program Associate at Georgetown University's Prisons and Justice Initiative.
The filing also noted that Syed has been caring for his elderly parents. His father suffers from dementia and his mother has been diagnosed with leukemia.
"Mr. Syed's return has meant a better quality of life for his loved ones as he is able to assist with the day-to-day management of his parents' health, transport them to doctor's appointments, and generally be of service to them," the court filing said.
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