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Adnan Syed, the Baltimore man whose murder trial was profiled in the podcast “Serial,” will seek to call an alibi witness who has never before testified and include her testimony in his request for a new trial, which is pending in an appeals court.
The victory brings him one step closer to a possible re-trial. Syed, 34, was convicted in 2000 for the murder of his former girlfriend, Hae Min Lee, and has maintained his innocence ever since.
The Maryland Court of Special Appeals on May 18 told a lower court to consider hearing sworn testimony from Asia McClain, a high school classmate who has said she saw Syed at a public library at the time prosecutors believe he killed his ex-girlfriend. McClain’s testimony is to be used by the judges as they consider whether he deserves a new trial, the Baltimore Sun reported.
“This is what we wanted from the beginning,” C. Justin Brown, Syed’s attorney told the Baltimore Sun. “It’s the right thing to do. It’s in the interest of justice that Asia McClain be allowed to testify in court.”
Once-closed legal doors keep opening for Syed since “Serial” was released last year. The podcast series, produced by former Baltimore Sun reporter Sarah Koenig, examined Syed’s 2000 murder trial in the 1999 death of Hae Min Lee. An offshoot of the public radio series “This American Life,” it has been downloaded more than 76 million times.
Syed was convicted on the basis of cellphone records and the testimony of an acquaintance who said he helped him bury Lee’s body in a shallow grave in Baltimore’s Leakin Park. Prosecutors found no witnesses to Lee’s strangling or physical evidence linking Syed to the murder. In his appeals, Syed has argued that his trial lawyer was ineffective and did not explore obvious defenses, such as the alibi McClain could have provided.
The Court of Special Appeals agreed in February to hear his appeal of a lower court ruling that denied his request for a new trial. Oral arguments are scheduled in June. Syed’s legal team now has 45 days to file a motion in Baltimore Circuit Court asking for a hearing at which McClain can testify.
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