Revisiting Serial: The 5 big reasons why Adnan Syed most likely did not kill Hae Min Lee

Like many of those who enjoy true crime podcasts, I got hooked after listening to the groundbreaking first season of Serial, which investigated the 1999 murder of Baltimore student Hae Min Lee, who was strangled and buried in Leakin Park on January 13, and the problematic conviction of he ex-boyfriend Adnan Syed.

Hae Min Lee was murdered in 1999

Released in 2014, the show hooked tens of millions of people as it delved deep into the baffling case, examining the evidence used to convict Syed and coming up with fresh leads, a possible alibi, new theories, controversies and inconsistencies.

Serial set the scene for an explosion of investigative true crime podcasts and became the template against which they would all be judged.

Serial also threw a huge spotlight on Syed’s conviction and the many doubts about the dubious testimony of his so-called friend and local drug dealer Jay Wilds which ultimately sent Syed to jail for life despite no hard evidence linking Syed to Lee’s murder. The podcast inspired a four-part HBO documentary that also argued for his innocence (along with numerous follow-up podcasts and blogs), paving the way for efforts by Syed’s legal team to secure a re-trial.

While that effort ultimately failed – in March 2019 the Maryland Court of Appeal quashed a decision by the state’s lower courts to grant him a new trial and in November 2019 the US Supreme Court declined to hear the case – doubts about his conviction have remained and the debate has raged for years online and on social media. Did Adnan Syed do it?

While it came out a few years ago,popular true crime podcast called Crime Junkie (which I have just discovered via a good friend) aired a special episode in April 2018, which in my opinion tips the scales firmly in favour of Adnan Syed’s innocence and highlights an appalling miscarriage of justice.

Called “What Serial Didn’t Tell You”, Crime Junkie host Ashley Flowers, with the help of her co-host Brit Prawat, pulls together all the extensive information published since Serial season one aired, drawn mainly from two other podcasts, Undisclosed and Truth and Justice as well as three blogs written by Rabia Chaudry (the lady who brought Adnan’s case to Serial host Sarah Koenig), lawyer Sarah Simpson and law professor Colin Miller, all three of whom are hosts of Undisclosed. She also read Chaudry’s best selling book Adnan’s Story.

“I tried to make that 30 minute thing with the top need to know facts [so that people can] have an informed discussion about Adnanโ€™s case,” says Flowers at the start of the podcast.

Flowers then goes on to launch a concise and highly convincing argument for Syed’s innocence, or at the very least, the right to a new trial.

Without listening to all the podcasts, or reading the blogs and books Flowers researched to prepare the episode (I assume its accurate, Crime Junkie is a very popular and scrutinised podcast) I’ve summarized the main points she makes, plus added one of my own:

  1. The cellphone tower pings

Adnan Syed was convicted of murder largely because Jay Wild’s testimony of what happened and where on January 13, 1999. This timeline of events matched the locations of cell phone tower that pinged off Syed’s mobile phone every time it rang on that fateful day.

“Police created a map to show how the cell phone moved during the day based on its signal pinging of towers,” Flowers reminds listeners.

While there was a lot of controversy about this testimony – Wilds changed his story when the police and prosecutors realised they got the map wrong being just one example – it still dealt a body blow to Syed because two calls pinged off towers near Leakin Park at 7.09 and 7.16pm that prosecutors said proved Syed was there burying Lee’s body.

(You can read Jay Wild’s account of that day as told to The Intercept in December 2014.)

“They even got an expert to testify to this in court who said Adnan was where Jay said he was at the time they were burying Haeโ€™s body,” says Flowers.

However, this expert did not see (most likely it was deliberately withheld) a fax cover sheet from telephone company AT&T which made the point that outgoing calls only are reliable for location status. Incoming calls – the ones Syed received on January 13, 1999 – are not considered reliable information for determining a location.

“The expert witness did not see this, and would have changed his testimony” says Flowers. This was one of the man arguments Syed’s lawyer Justin Brown used to get a new trial.

2. The State of Hae Min Lee’s body

While this cell tower information is startling, it does not prove conclusively that Syed was not in Leakin Park at the time Wild’s said they were there burying Lee’s body, only that the data cannot be relied upon.

More important – and damning of the conviction of Syed – is the state of Hae Min Lee’s body when it was discovered four weeks after her murder on February 9.

According to Flowers (and confirmed by medical examiner who undertook the autopsy), Lee had “full-fixed lividity” on the front of her body including her face, chest, stomach and legs.

Lividity or Livor Mortis is the settling of blood after death in gravity-dependent portions of the body, including in the organs. Blood settles after death in parts of the body closest to the ground, causing purplish-red blue discolouration.

Lividity happens pretty slowly, and can take 8-10 hours to occur, explained Flowers.

This meant Lee’s body had remained face down in the same position for that period and therefore she could not have been placed in the trunk of a car, as Jay Wilds, the state’s key witness had claimed when he picked Syed up around 4pm from Best Buy on the day of the murder.

In addition, because Lee was found on her right side, but she had full, fixed lividity on the front of her body, she could not have been buried flat in a shallow grave at Leakin park at around 7.30pm. Lee was last seen alive at around 2.15- 3pm, so at a minimum her body would have had to lie face down until 10.30 or 11pm, most likely even later.

“Nothing adds up,” says Flowers.

3. Hae Min Lee’s car

Hae Min Lee’s car – a Nissan Sentra – is a crucial piece of evidence as Jay Wild’s says that her body was in the boot before Syed drove it to Leakin Park with Wild’s following behind in Syed’s Honda Accord.

Later, according to Wild’s testimony Syed parked it in a lot behind some houses. The car was recovered on February 28, the same day Syed was arrested and charged with her murder.

Flowers notes that there was green grass growing under the car, and even inside the wheel well, which suggests the car was moved from somewhere else and that someone told Jay where the car was.

This is confirmed in pictures of Lee’s car, which you can easily find online showing clearly the grass growing underneath and the patch of dead grass next to it, indicating what should have happened over time.

“It highlights the fact again that Jay new nothing about what happened to Hae โ€“ his account is all made up. Jayโ€™s story unfolds as police find new evidence not the other way round,” say Flowers.

And the question remains: who moved Lee’s car?

Hae Min Lee’s Car: the green grass can be seen clearly under the car

4. There is no evidence linking Adnan Syed to the crime scene (my own ‘research’)

The entire case made against Adnan Syed was based on Jay Wild’s testimony. There is in fact no physical evidence linking Syed to the crime scene, not a shred.

Furthermore, DNA testing carried out in 2019 of 12 pieces of evidence found on or around Hae Min Lee’s body found none of the them produced a DNA profile that was a match for Syed.

“This included a rope/wire found five inches from the body that yielded a DNA profile that is a match for some unknown person; and two hairs recovered from Hae’s body that are not the hairs of either Hae or Adnan,” writes law professor Colin Miller on his blog Evidence Prof.

5. Adnan Syed was the only person police investigated – there are other suspects

Says Flowers” “The cops looked into no one else a tenth as hard as they looked into Adnan” whose criminal record was pulled on February 3, 1999, before the anonymous tip came in to look at Syed as the most likely suspect.

Nobody else’s criminal record was pulled.

This included her current boyfriend at the time, “Don”, other people close to her. and a guy (Roy  Sharonnie Davis) who had murdered another 18-year-old girl who attended Woodlawn High a year ago (Jada Denita Lambert, an 18-year-old Woodlawn woman whose body was found in May 1998) and was not in jail at the time (Davis was convicted in 2002).

However while Davis was surely worth investigating, the Crime Junkie hosts say its most likely Lee was killed by someone she knew.

“Someone paged Hae that day to meet her, and kill her, but that pager was never found.” Flowers says.

Flowers also question the alibi given by Don, who could not be reached until 1.30am on January 14, and who said he was working at a LensCrafters store.

I’d rather not going into all the anomalies in his alibi, but you could read about them on the Crime Junkie podcast. However, I will just mention one, both Don’s mom and his stepmom worked in manager roles at the company and provided his alibi on the day Lee was murdered.

‘If the police had done their job; if they would have looked into anyone else as hard as Adnan they would have found this out,” says Flowers.

According to evidence collected as part of the trial, Lee was due to meet up with Don on the day she died. She also worked at Lenscrafters, though not at the same store Don was working at that night.

Of course none of this is absolute conclusive proof Syed had no involvement in Lee’s murder – bear in mind Wilds gave about five days of detailed testimony at both trials so it beggars belief he made it all up.

However, it does highlight that if Syed had a decent lawyer he almost certainly would not and should not have been convicted based on the evidence and testimony presented at the trial. Furthermore, being a non-white American clearly did not help his cause.

If you’re interested in find out more, I’d encourage listening to the whole Crime Junkie podcast in full and then, if you’re keen, taking a deep dive into the case. There’s a ton of information out there.

(This link has all the court transcripts to the 1999 mistrial and 2000 trial)

If not – and no judgement here, life is too short – remember this point made by Flowers: “Adnan has facts on his side, the State of Maryland only had Jay.”

Adnan Syed, Arrest photo

Podcasts for train journeys: 10 to get you started

Vlocity_train_at_little_river_victoriaA new, hour–long, daily commute by train into work (Gisborne to Southern Cross) has suprisingly quelled my reading habits and instead created a new obsession: Podcasts.

Where I thought I would have my head buried in a book as the rugged Victorian countryside rolled by,ย  I have instead been listening to a variety of audio tales spanningย  true crime, politics, everyday life, pyschology and science, celebrity lives, music and comedy.

I’ve been using the Stitcher app which is great because its very user-friendly and you can download podcast espisodes onto your phone to listen offline so I don’t have to use any of my data or rely on mobile connections (this is particurlarly handy for country train rides where mobile signal disappear into black holes).

Much has been written about how Netflix, Stan, Amazon Prime and others have changed television forever with all their brilliantly original shows and on-demand binge viewing, I reckon Podcasts are changing radio broadcasting in the same way.

In fact I hardly listen to live radio any more and haven’t watched live television in months.

I have listened to Podcasts before – namely the groundbreaking Guardian Unlimited Ricky Gervais Show and the first brilliant season of crime investigation Serial – but this is the first time I have truly binged on the podcast medium.

Given there are literally thousands of podcasts (and many are downright mediocre or terrible), here are 10 I reckon are worth giving a try, mostly based on recommendations from my podcast-addicted friend Jonny L.

Casefile

My first introduction to the Australian true crime podcast ‘Casefile was the story,ย  told in three parts, of the notorious ‘Jonestown’ massacre involving the narcissistic Reverend Jim Jones. I followed this up with the infamous ‘bodies in the barrels serial murders in Snowtown, South Australia in the late 1990s which revealed human behaviour at its most depraved.

Each grizzly story is told in graphic detail by an unnamed (and yet to be identified) Australian narrator with a chilling, deadpan voice. Each episode is brilliantly researched, taking you right inside the criminal mind. The podcast, which according to a Vice interview came about when the anonymous creator was stuck in hospital and bored, has become an international sensation with something like 200,000+ downloads per episode.

Sword and Scale

I followed up a couple of Casefile stories with another true crime American podcast ‘Sword and Scale’ with a disturbing episode about childhood sexual abuse and then an episode about Donna Scrivo who killed and dismembered her own son, Ramsay.

Narrated by the disquieting Mike Boudet, Sword and Scale has more of an investigative feel blending a retelling of events with exclusive interviews, courtroom recording and radio and television broadcasts. The podcasts keep listeners guessing, only revealing certains bits of crucial information towards the end.

Desert Island Discs

In need of some light relief, I tuned into the BBC’s famous music series Desert Island Discs (Tom Hanks, Bruce Springsteen, John McEnroe, Hugh Bonneville and Mark Rylance to date) where celebrities talk to Kirsty Young about their lives and the eight songs they would take with them if they were stranded on a desert island. This is actually a radio show that has been condensed into podcast format. Each are about 40 minutes long.

Here’s The Thing

Next on the menu was Alec Baldwin’s New York podcast “Here’s The Thing'” where the 30 Rock star interviews actors, musicians, politicians and other people he admires (Edie Falco, John Turturro, Dustin Hoffma, William Friedkin, Bernie Sanders, Sandra Bernhardt, Anthony Weiner and Mickey Rourke) about what inspires them, the turning points in their lives and the people and events that shaped them. It’s great because Baldwin loves and admires his interview subjects and is genuinely interested in their lives. Plus he has the perfect voice for radio: smooth and mellow, and he doesn’t take himself to seriously. (My personal favourite so far, the director William Friedkin who made The Exorcist and The French Connection).

The Moth Radio Hour

I confess I have only listened to one episode so far, but it was brilliant. The format of the show, which has been around for years, is to have a theme and then to feature real stories told live in front of an audience. The theme I listened to was Me, Myself, and I: Stories of Questioned Identity which included a great story by the writer and journalist Jon Ronson about a Twitter spambot that stole his identity. The three other stories in the podcast, including the dating adventures of a Manhattan Mormon comic, were all wonderfully engaging, funny, charming and thought-provoking.

On Point

On Point is podcast by the always reliably good National Public Radio (NPR) syndication network examining major issues dominating the American news cycle. Hosted by Tom Ashbrook, the former foreign editor of the Boston Globe, the show invites top journalists and bloggers who are experts on the chosen topic – be it the Harvey Weinstein scandal or the #Takeaknee NFL protest – to present their view-point and debate among each other. Generally panelists include people across the political spectrum which adds to its appeal.

Phoebe’s Fall (On iTunes not Stitcher)

Phoebe’s Fall is a special investigation by The Age newspaper into the bizarre, tragic and unexplained death of 24-year-old Phoebe Handsjunk, whose body was found at the bottom of a garbage shoot in one of Melbourne’s most exclusive apartment towers.ย  Presented over six episodes by investigative journalists Michael Bachalard and Richard Baker, it looks at all the key aspects of the baffling case, which seems to defy the ruling of the Coronial Inquest; that Phoebe died by misadventure. It includes interviews with Phoebe’s family, retired detectives and legal experts pulled together with an enjoyable discussion and debate between the two journalists about the key aspects of the case. It’s unmissable for podcast addicts.

This American Life

Presented by one of American radio’s most distinctive voices, Ira Glass, This American Life is one of the most listened to radio shows and podcasts in America. Each weekly episode (broadcast across 500 radio stations) exploring a different theme or topic with great nuance and insight whether it be “The Perils of Intimacy” (about relationships), or “Expect Delays” (about the banal perils of travel and journeys) or more serious topics like the rise of the Alt-Right and White Nationalism. The show is legendary and deserves its status.

Hidden Brain

Also an NPR broadcast, Hidden Brain is a science-based podcast about how we experience the world. Episodes that I have listen to look at the phenomenon of Nostalgia and Regret. The latest episode is on unpredictable behaviour. It’s presented by the highly articulate Shankar Vedantam, a former Washington Post reporter and columnist.

These are just a few suggestions from a novice Podcast listener. If you have any suggestions of your own, send me an email (freshlyworded@gmail.com).

In particular I am keen on finding a good comedy podcast. I’ve not had much luck so far.