By BRIAN WITTE Associated Press
ANNAPOLIS, Md. (AP) — Prosecutors dropped charges against Adnan Syed on Tuesday in the 1999 killing of Hae Min Lee after additional DNA testing excluded him as a suspect in a case chronicled by the hit podcast “Serial.”
Marilyn Mosby, the state’s attorney for the city of Baltimore, said her office would continue to pursue justice for Lee but that it had closed its case against Syed, who spent 23 years in prison for the killing. She said the decision was made after additional DNA testing excluded Syed as a suspect in the strangulation of Lee, whom Syed had dated.
“This case is over. There are no more appeals necessary,” Mosby said during a news conference.
“Although my administration was not responsible for neither the pain inflicted upon Hae Min Lee’s family, nor was my administration responsible for the wrongful conviction of Mr. Syed, as a representative of the institution, it is my responsibility to acknowledge and to apologize to the family of Hae Min Lee and Adnan Syed. . … Justice is never denied, but justice be done. Today, justice is done,” Mosby said.
Syed’s attorney Erica Suter celebrated the news.
“Finally, Adnan Syed is able to live as a free man,” Suter said in a statement. “The DNA results confirmed what we have already known and what underlies all of the current proceedings: that Adnan is innocent and lost 23 years of his life serving time for a crime he did not commit.”
A Baltimore judge last month overturned Syed’s murder conviction and ordered him released from prison, where the 41-year-old had spent more than two decades. Circuit Judge Melissa Phinn also gave prosecutors 30 days in which to decide whether to retry Syed or drop the charges.
Phinn ruled that the state had violated its legal obligation to share evidence that could have bolstered Syed’s defense. After his release, Syed was placed on home detention with GPS location monitoring.
Lee’s family last month asked the Court of Special Appeals, which is Maryland’s intermediate appellate court, to halt the case. Attorney Steve Kelly said Lee’s family was not challenging Syed’s release, but instead wanted the judge to hold another hearing that the family can attend in-person and address the court — Lee’s brother Young Lee appeared via videoconference on short notice during the previous hearing.
In a statement Tuesday, Kelly said the Lee family learned about prosecutors’ decision to drop the charges against Syed through news accounts.
“The family received no notice and their attorney was offered no opportunity to be present at the proceeding,” Kelly said. “By rushing to dismiss the criminal charges, the State’s Attorney’s Office sought to silence Hae Min Lee’s family and to prevent the family and the public from understanding why the State so abruptly changed its position of more than 20 years. All this family ever wanted was answers and a voice. Today’s actions robbed them of both.”
Mosby said Tuesday that the family’s appeal would have no effect on her office’s decision to drop the charges against Syed.
Suter, an assistant public defender and the director of the University of Baltimore Law School’s Innocence Project Clinic, stressed that the decision by prosecutors to drop the charges was an important step for Syed, who has been on house arrest since last month.
“He still needs some time to process everything that has happened and we ask that you provide him and his family with that space,” she said.
Syed has maintained his innocence for decades and captured the attention of millions in 2014 when the debut season of “Serial” focused on the case and raised doubts about some of the evidence, including cellphone tower data.
Prosecutors have previously said that a reinvestigation of the case revealed evidence regarding the possible involvement of two alternate suspects. The two suspects may have been involved individually or together, the state’s attorney’s office said.
One of the suspects had threatened Lee, saying “he would make her (Ms. Lee) disappear. He would kill her,” according to a court filing.
The suspects were known persons at the time of the original investigation and were not properly ruled out nor disclosed to the defense, prosecutors said.
Prosecutors also said new information revealed that one of the suspects was convicted of attacking a woman in her vehicle, and that one of the suspects was convicted of engaging in serial rape and sexual assault.
Prosecutors also noted that unreliable cellphone data had been used to convict Syed.
Syed served more than 20 years in prison for the strangling of Lee, who was 18 at the time. Her body was found weeks later buried in a Baltimore park.
More than a decade later, the popular “Serial” podcast revealed little-known evidence and attracted millions of listeners, shattering podcast-streaming and downloading records.