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re: The Case Against Adnan Syed - HBO-

Posted on 3/11/19 at 9:27 pm to
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
21785 posts
Posted on 3/11/19 at 9:27 pm to
quote:

If Jay and Adnan did it “together” then why has Adnan not once said something to the effect of Jay did it, or Jay helped?



Well, in order to do that, he’d be admitting guilt
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
21785 posts
Posted on 3/11/19 at 9:32 pm to
quote:

Plea Agreement




Oh right, so he did two years in DOC?


I mean, for everyone claiming the police fed him info about the car, why would he play along knowing he was going away for years if he really wasn’t a part of it??


Is it because they think they had him on drug charges?

Doubtful he’d be doing any more time unless he was a major distributor.

Why throw your friend under the bus for something he didn’t do if you’re going away anyway?



I mean, the guy did two years, at least, in the Department of Corrections. Not like he was getting away with a slap on the wrist.

Really makes the idea that he was fed info pretty much absurd.
This post was edited on 3/11/19 at 9:39 pm
Posted by iwyLSUiwy
I'm your huckleberry
Member since Apr 2008
34402 posts
Posted on 3/12/19 at 12:11 am to
quote:

They also deliberated for like two hours after a six week trial. Which is insane. The rule of thumb is an hour of deliberation for every day of trial.


Great point. They heard six weeks worth and didnt even blink about their decision.

Serial tried to make you sympathetic for Adnan (though I'm sure more objectively than the show will), but by the end I found it impossible to for the sole fact that he didnt care that he was in jail. It was just whatever to him. If I was Sarah Koenig that would have driven me nuts. You're doing all this, whether you state it or not, to try and prove his innocence, but you're doing it for someone who doesnt even care. He openly admitted that towards the end of the podcast. Screw that.

Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 3/12/19 at 2:32 am to
quote:

A 138 page Post Conviction opinion



The one I'm seeing is 92 pages. Here --> State v. Syed -- MD Ct. App. Opinion
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 3/12/19 at 2:35 am to
quote:

I mean, the guy did two years, at least, in the Department of Corrections. Not like he was getting away with a slap on the wrist.



One could argue that he deserved more than that, but it doesn't offend my sensibilities. I tend to think accessories after the fact got hit more heavily on the jail time front than they deserve. Just my opinion.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 3/12/19 at 2:47 am to
quote:

The system of a jury of one’s peers is a guiding principle designed to provide protection from the corruption and tyranny so many seem to think is rampant in the criminal justice system.



The jury system is a fundamental tenet of the american justice system. Unfortunately, on the federal side, jury trials are going the way of the do do bird (because, for reasons outside the scope of this discussion, a defendant is often much worse off on the sentencing front if he elects to have his trial before a jury and is found guilty). But this is a state case, and jury trials are still common things in most state court criminal proceedings, and for good reason. You are much more likely to be acquitted by a jury than by a judge. If you're on trial for murder, you go for a jury trial every day of the week.

And, yes, appellate courts do give great deference to the factfinder of the trial court on issues of fact. But the issue on appeal here is whether the information that WASN'T presented to the jury was significant enough that it might have been outcome determinative. I'm not about to read that entire opinion, but I actually think a higher appellate court overruling a lower appellate court in a 4-3 decision on a question like that is somewhere between questionable and quite questionable.

So, even though I would have voted guilty if I would have been on that jury, I would have voted to give him a new trial if I were on the appellate court that ruled against him. To say that an alibi witness clearly wouldn't have changed the jury's decision is bollocks. Maybe it would have, maybe it wouldn't have, but that's the kind of evidence that certainly might have been outcome determinative. Thumbs down to those 4 appellate judges.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 3/12/19 at 2:50 am to
Did y'all watch that Nancy Grace show interview with Debbie Warren? That girl focking HATES her some Asia Mclain. Sounds to me like Debbie's HS bf must have gotten good and balls deep in some Asia. Not sure where else that kind of vitriol would have originated from.
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
21785 posts
Posted on 3/12/19 at 7:04 am to
quote:

138 page Post Conviction opinion

The one I'm seeing is 92 pages.



The longer one is the court of Special Appeals opinion from 2016 that granted a new trial.

The one you link is the recent 2018 opinion from the highest state court, The Court of Appeals, that reversed that order.



It won’t let me copy and paste, but the relevant portion regarding the alibi witness is around page 28.

While the court found Adnan’s attorney WAS deficient in not investigating the claim, it also found that it was NOT prejudicial because it would not have changed the outcome and could have even hurt his case because her testimony conflicted with some of Adnan’s own statements.


This is key. While her statements may seem relevant and helpful as presented by these various productions, the court, which has access to the full record, actually found her credibility to be questionable (she offers to help him account for time “between 2 and 8 pm”, and conflict with Adnan’s own statements who said he didn’t leave school so would not have been at the public library that day.


The footnote from page 28 to 29 is especially damning to that testimony. It basically says even if Asia was called AND BELIEVED by the jury, it still doesn’t contradict the state’s evidence and merely means the timeline may have been off by a few minutes as she claims to have left at 240 and the state presented the murder to have occurred around 230.


The court also finds that her testimony could have actually been “problematic” for Adnan because it contradicts Adnan’s own version of events where he claimed he stuck to his normal routine of going to track practice after school that day, not going going to the library.


That’s another thing that bothers me in this discussion, when people fall victim to the CSI mindset that an exact time of death is not only possible to determine, but necessary.


I don’t remember all the details of the podcast about the timeline, but if a witness had claimed to have seen Adnan until 240, I highly doubt the State wouldn’t have been able to simply broaden the window for when the murder likely occurred.

The more exact timeline was later in the evening with the cell phone records showing the Adnan and Jay were together, in the area where the body was found, again evidence that contradicts Adnan’s version of events.
Posted by JBeam
Guns,Germs & Steel
Member since Jan 2011
68377 posts
Posted on 3/12/19 at 8:15 am to
I thought this first episode was a nice refresher on the case (Even with the recent news on Friday). This episode shed some light on a number of things that Serial didn't mention. Hae Lee being sexually assaulted while in Korea and the situation between Don and her friend after Hae Lee's disappearance.

Also, I still find Alonzo Sellers story sketchy.
Posted by Dave Worth
Metairie
Member since Dec 2003
1812 posts
Posted on 3/12/19 at 9:23 am to
quote:

don’t remember all the details of the podcast about the timeline, but if a witness had claimed to have seen Adnan until 240, I highly doubt the State wouldn’t have been able to simply broaden the window for when the murder likely occurred.


It's been awhile since I listened to the podcast and did the whole internet sleuthing thing. But I want to say I remember the timeline being important because Adnan had track practice that day. If he was late then there was some kind of punishment or record and nobody remembers anything like that. To push the murder back would start really screwing with that.

Again, I may be completely off base here and remembering this wrong. Hopefully the HBO doc covers the timeline in detail. I read that Episode 2 is a lot of back and forth with the inconsistencies of testimony and facts.
Posted by JBeam
Guns,Germs & Steel
Member since Jan 2011
68377 posts
Posted on 3/12/19 at 9:34 am to
quote:

Again, I may be completely off base here and remembering this wrong. Hopefully the HBO doc covers the timeline in detail. I read that Episode 2 is a lot of back and forth with the inconsistencies of testimony and facts.

I hope they cover the entire timeline of the pinging of cellphone towers. That entire deal always seemed sketchy. Then Jay's story about meeting him at Bestbuy/the phone call at bestbuy didn't mesh well either.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32558 posts
Posted on 3/12/19 at 9:41 am to
quote:

A drug dealer who received a call from Adnan to come to the best buy parking lot either sell him some drugs or dispose of a freshly dead body.

There's no proof that this call even occurred.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32558 posts
Posted on 3/12/19 at 9:45 am to
quote:

Oh right, so he did two years in DOC?

He did not go to prison for any involvement in the Hae Lee murder.
Posted by JBeam
Guns,Germs & Steel
Member since Jan 2011
68377 posts
Posted on 3/12/19 at 9:55 am to
quote:

He did not go to prison for any involvement in the Hae Lee murder.

Exactly, he walked clean from the Hae Lee murder.

The Intercept interviewed Jay for an exclusive three-part article back in 2014: LINK LINK LINK
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
21785 posts
Posted on 3/12/19 at 10:11 am to
quote:

He did not go to prison for any involvement in the Hae Lee murder.



I’m just reading off of the plea agreement that other poster linked.

It says in exchange for his testimony he will enter a guilty plea to Acessory After the Fact and State will recommend 5 years suspend all but 2.


LINK


Like I said it’s been years since I listened and read all of this stuff.

Did that plea not go through?
Posted by cas4t
Member since Jan 2010
70922 posts
Posted on 3/12/19 at 10:13 am to
is this show just Serial but on HBO? Or is there supposed to be new details? Anyone know?
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
21785 posts
Posted on 3/12/19 at 10:26 am to
quote:

Also, I still find Alonzo Sellers story sketchy.



This is a red herring.

Sellers simply found the body a month after she went missing. There is no other connection to him and the murder.


He certainly wasn’t in Leakin Park to “have a beer” as he claims. That was a dangerous and sketchy place and all manner of bad things happened there, mostly at night. Drugs, prostitution (of any and all predilection), gang activity.

So no, he likely wasn’t truthful about why he was there, but the fact that he called the police at all opening himself up to scrutiny shows just how shocked he must have been when he stumbled upon the body.


Again, that is what good defense counsel does. Focus on anything other than the defendant to create doubt in the minds of the jury. And these producers do the same to keep the audience feeling as though there are too many questions unanswered, even if they have nothing to do with the ultimate issue.
This post was edited on 3/12/19 at 10:28 am
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32558 posts
Posted on 3/12/19 at 10:33 am to
quote:

Did that plea not go through?

I don't recall exactly why, but I know that he didn't serve any time for his part. I think he may have received probation. It's also believed that he received payment for his information through Crime Stoppers.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32558 posts
Posted on 3/12/19 at 10:36 am to
quote:

He certainly wasn’t in Leakin Park to “have a beer” as he claims. That was a dangerous and sketchy place and all manner of bad things happened there, mostly at night. Drugs, prostitution (of any and all predilection), gang activity.

So no, he likely wasn’t truthful about why he was there, but the fact that he called the police at all opening himself up to scrutiny shows just how shocked he must have been when he stumbled upon the body.

So, do you think he found the body sometime at night, and then waited and called the police at a later time? His story is just odd and doesn't make any sense.
Posted by Tiger Voodoo
Champs 03 07 09 11(fack) 19!!!
Member since Mar 2007
21785 posts
Posted on 3/12/19 at 10:41 am to
quote:

But I want to say I remember the timeline being important because Adnan had track practice that day.



Yeah I remember something about track as well. But again, that’s something that could have been built up to be more significant than it actually was by the defense/producers.


Was the coach called as a witness to verify that? I honestly don’t remember. Again, we’re talking about less than half an hour or so. Just don’t remember how significant it all was.



I did notice a few things from reading the opinion and watching the HBO episode.

The letters from Asia are a complete mess and sketchy as hell and I can personally see why a defense attorney wouldn’t have taken them seriously. As said previously that doesn’t change the fact that she had a duty to investigate, but I agree with the high court that it likely wasn’t prejudicial as her testimony could have even hurt the defense they were putting forward.


Also, did Serial talk at all about Adnan’s fingerprint that they found on a map of Leakin Park in Hae’s car?? I don’t remember that, but the opinion states that was evidence admitted into the record.


Also, Hae’s journal had some pretty damning stuff about Adnan and their relationship as it began to sour. Was the journal admitted into evidence?


And just as many including myself find Jay less than credible, I have just as much of an issue with Adnan. His statements about his arrest ring false to me. Said no one told him why he was being arrested until he got downtown? That’s TV bullshite.

Said “Jay who?” when detectives told him Jay gave statements implicating him??

Also, the teacher they showed in this HBO doc offered a damning picture of him as well with both his confronting her when she passed out those questions about Hae and also with his demeanor when her body was found.


His complete lack of emotion about all of this doesn’t seem
This post was edited on 3/12/19 at 10:55 am
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