Bloomberg Law’s® extensive network of reporters and editors helps subscribers to stay ahead of legal
Oct. 13 — Defense attorneys for Adnan Syed, the defendant in the high-profile case featured in National Public Radio's “Serial” podcast, filed a response to the Maryland Attorney General's opposition motion and supplement to re-open post-conviction proceedings alleging evidence of a Brady violation in addition to his ongoing ineffective assistance of counsel claim.
The reply, filed Oct. 13, responds to the state's argument against a remand order regarding a potential claim for ineffective assistance of counsel based on the failure of Syed's attorney to interview alibi witness Asia McClain—a focal point of the podcast and an issue continually reiterated by Syed's attorneys.
Syed's newest claim alleges the state “committed a Brady violation by failing to disclose exculpatory phone records, and by introducing cell tower location evidence at trial when it knew, or should have known, that such evidence was unreliable and misleading.”
The undisclosed evidence, Syed argues, revolves around a disclaimer that accompanied the cell phone tower records from AT&T, which stated “Outgoing calls only are reliable for location status. Any incoming calls will NOT be considered reliable information for location.”
“Syed's concern, of course, was that the State had done precisely what it said it could not reliably do: it used incoming calls to prove location status of Syed's phone,” wrote C. Justin Brown on behalf of Syed.
Attorneys presented the argument eight days after the state's expert witness Abraham Waranowitz, a radio frequency engineer for AT&T, filed an affidavit for Syed stating he never saw the disclaimer, which he explicitly stated would have affected his testimony.
“If I had been made aware of this disclaimer, it would have affected my testimony,” he wrote, “I would not have affirmed the interpretation of a phone’s possible geographical location until I could ascertain the reasons and details for the disclaimer.”
Syed is serving a life sentence for the 1999 murder of his ex-girlfriend Hae Min Lee, an 18-year-old student at Woodlawn High School in Baltimore. Syed has maintained his innocence since his arrest. The case became the subject of a 12-episode podcast scrutinizing the case from its initial investigation through Syed's conviction. It became a pop-culture sensation in the fall of 2014.
To contact the reporter on this story: Jessica DaSilva at email@example.com
To contact the editor responsible for this story: C. Reilly Larson at firstname.lastname@example.org
Full text at http://src.bna.com/EP.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)