An attorney requested a new hearing on Friday on the motion that led to the release of Adnan Syed, whose murder conviction chronicled in the hit podcast 'Serial' already has been overturned.
Steve Kelly, an attorney for the family of victim Hae Min Lee, filed the request in a legal brief in the Maryland Court of Special Appeals, the state’s second-highest court.
The new hearing would require the prosecutor to present any evidence supporting the motion and give Young Lee, who is Hae Min Lee’s brother, the right to challenge the evidence and present his own. The filing said Lee “lacked notice and a meaningful opportunity to participate,” and was excluded from a legal proceeding ”at which the state’s attorney and circuit court apparently decided the outcome.”
“Nothing Mr. Lee might have said in opposition could have altered the result,” the court filing said. “His statement was, at best, an empty ritual.”Erica Suter, Syed’s lawyer, said in a statement that the family’s grief and pain “deserves our deepest compassion,” which she said has been compounded by prosecutorial misconduct.
“Justice for Hae Min Lee means finding the actual killer, not furthering the harm experienced by Adnan Syed and his family,” Suter said. “This appeal is about whether Hae Min Lee’s family was properly notified. They were. The closure they seek is not found in incarcerating an innocent man.”
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