Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

‘Serial’ podcast defendant gets new trial for ineffective counsel

On Behalf of | Apr 3, 2018 | Criminal Appeals

Adnan Syed, the defendant profiled in Season 1 the popular podcast “Serial,” has been granted a new trial. A Maryland court of appeals has ruled that Syed received constitutionally ineffective assistance from his trial counsel 18 years ago, and that ineffective assistance probably affected the outcome of his trial.

Syed, now 28, was convicted of murder, kidnapping, robbery and false imprisonment in 2000. He allegedly murdered his former girlfriend in 1999 and buried her in a shallow grave in Baltimore. He was sentenced to life in prison.

In June 2016, a retired Baltimore circuit judge ruled that Syed should have a new trial. That ruling was put on hold by the Maryland Court of Special Appeals so that the state would have time to appeal. Now that court has vacated all of Syed’s convictions and granted him a new trial.

According to the court, Syed’s trial counsel was deficient because she failed to interview a witness who claimed to be able to provide Syed with an alibi. The witness would have testified that she saw Syed in a library at the time prosecutors said the victim was killed.

In order for a defendant to get a new trial based on ineffective assistance of counsel, the defense must prove two things. First, that counsel failed to uphold a duty to their client — in this case, a duty to perform a reasonable investigation of the case. Second, there must have been a reasonable probability that, without the counsel’s failure, the defendant would have been acquitted.

At a post-conviction hearing, the state tried to assert a different time of murder than they argued at trial, so that this alibi witness would be deemed irrelevant. This is an all too common tactic by prosecutors when confronted by defense evidence that contradicts the state’s trial evidence — just change the theory of prosecution. But the court did not allow that sleight of hand trick. Instead, the court ruled this concession by the prosecutors of uncertainty as to the time of death further solidified its own conclusion that the jury was deprived of evidence that could have supplied reasonable doubt.

Therefore, the court found that “but for trial counsel’s failure to investigate, there is a reasonable probability that [the] alibi testimony would have raised a reasonable doubt in the mind of at least one juror about Syed’s involvement.”

Since the ineffective assistance of counsel claim was established, the judges looked next to the various convictions. They found that all of the convictions were predicated on the murder conviction, so they all must be vacated pending a new trial.

Claims of ineffective assistance of counsel are granted frequently. As one expert interviewed by PBS pointed out, however, the two-pronged standard is difficult to establish. While it’s hard for the public to believe, “there have been cases where an attorney has been sleeping, drunk or in bad health during a trial and the high courts have found that this did not result in a bad outcome,” she said.

The state could try to appeal this decision further. They have 30 days to do so. If not, they must either retry Syed, or try to entice him by offering a plea resolution for his release, such as an “Alford” plea. We have discussed these pleas before, which allow a defendant to maintain innocence while still accepting a finding of guilt to a lesser charge. Many observers decry such plea offers, but the United States Supreme Court has approved their use.

Ultimately, it is the defendant’s decision whether to continue to place faith in a jury system that already failed him once, or to reduce the risk by accepting a plea that could mean instant freedom. It is hard to fault a defendant’s choice either way.

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)