Serially Obsessed

Dear Reader,

Last year, a podcast called Serial gripped the nation.  It was the story of a Baltimore-area high school honors student named Adnan Syed who was convicted in 1999 for the murder of his ex-girlfriend Hae Min Lee.  This story has the stuff of great mystery: romance, possible love-triangle, shady characters, murder, and a cover-up – all told beautifully by Serial’s host, Sarah Koenig. If you have never listed to season one of the Serial podcast, you should. And also this post will mean nothing to you unless you have. But if you did, you likely had all of the same questions I did at the end. Like many other listeners, I could not let the story go once the podcast was over – there was just too much that didn’t seem right, too many unknowns.

Serial spawned several other podcasts, most notably Undisclosed and Truth & Justice (formerly known as Serial Dynasty). These podcasts picked up the story where Serial left it.  The Undisclosed team consists of three lawyers: Susan Simpson, Colin Miller, and Rabia Chaudry, a lifelong friend of Adnan Syed who has made it her personal mission to seek a new trial in this case. The lawyers have meticulously gone through testimony, tapes, files, and the timeline of events to give a more complete picture of the Hae Min Lee murder case. Truth and Justice is a podcast created by Bob Ruff, a former fire chief and investigator. Initially, Ruff’s podcast was a forum for fan theories, but he soon put his investigative skills to work in pulling on different threads of the case to see where they went. Some of the revelations have been surprising. It would likely take you weeks to binge-listen to all of the first seasons of Undisclosed and Truth and Justice, but it’s well worth it.

There were several puzzles that Serial left us with, but I’m going to focus on what I think are the 5 big ones.  Over the past year and a half since season one of Serial wrapped, much more information has been revealed, and thanks to Undisclosed, Truth and Justice, and Adnan’s post-conviction appeal hearing, we know much, much more. There is no easy or quick way to summarize it all, but here is a pass at some of the key points. Once again, if you are familiar with the case and the podcast, this will make a lot more sense to you.

Number 1: The Nisha Call & Leakin Park Pings

There are two things that Sarah Koenig really could not reconcile at the end of the first season of Serial. One was why there is a call to a girl named Nisha on Adnan’s call record for 3:32pm on January 13, 1999 that lasted 2 minutes and 22 seconds. According to Adnan, he was at track at that time and Jay still had his cell phone. Jay says that Adnan had already killed Hae, been picked up by Jay, and that they were riding around in the car together at this time. Jay did not know Nisha and would have no reason to call her.  According to Jay, he and Adnan both talked to Nisha during the call.

So this looks bad for Adnan, but it is entirely possible that the Nisha call was a butt-dial that was never answered. Nisha testified that she did not have voicemail, so the call would have continued to ring if she was not available to pick it up. She also did not recall talking to Adnan and Jay during the day, but she did remember talking to both Jay and Adnan once on a call that came in the evening when Jay was at work.  It’s easy to date the call Nisha remembers because Jay was at work at an adult video store, a detail Nisha remembers about the call – a job he did not have in January of 1999.  But back to the 3:32 call on January 13th – because of the duration of the call, if it did ring for over 2 minutes, it is entirely plausible that AT&T billed Adnan for the call – the Undisclosed team was able to learn that similar AT&T subscriber contracts

Screen Shot 2016-05-06 at 9.58.00 PM.png
Adnan’s Call Log (from the Serial Website)
from that time show that AT&T had a policy of billing subscribers for calls over a minute whether they were answered or not.

The Serial team also could not explain the Leakin Park Pings. According to Jay, he and Adnan buried the body in Leakin Park sometime after 7pm on January 13th. There are two incoming calls to Adnan’s phone – one at 7:09pm and the other at 7:16pm – that “ping” a cell phone tower near Leakin Park, suggesting that, if nothing else, the cellphone is located nearby.

There’s only one problem with this line of thinking: when the prosecutors requested Adnan’s phone records from AT&T, the phone company provided those records along with a fax cover sheet that clearly stated that incoming calls are not reliable location indicators. In other words, in 1999 AT&T itself declared that incoming calls could not reliably indicate location. For example, in Adnan’s recent appeal hearing, Adnan’s attorney Justin Brown pointed to 2 calls on the log: 1 pinged a tower in DuPont Circle in Washington DC, and the other pinged a tower in Baltimore less than a half an hour later. Anyone who lives in this area will tell you that the laws of physics don’t even allow you to get out of DuPont Circle in 30 minutes, let alone get to Baltimore. This is the perfect illustration of unreliable. There are complicated reasons for this that are explained in detail by Susan Simpson in episode 8 of Undisclosed. The reason the defense never brought this up at trial was that Adnan’s attorney, Christina Gutierrez, never received that information from the prosecutor even though the prosecutor, Kevin Urick, received it from AT&T. The failure to disclose this information is what is called a “Brady Violation” – it means that the prosecution withheld exculpatory evidence from the defense. That alone should have been enough to grant Adnan a new trial. In fact, the prosecution’s cellphone expert witness, Abraham Waranowitz, was not shown the cover sheet either before he testified for the state. He now says that if he had known that, he would not have testified as he did. So, yeah, that was kind of an important detail. So these 2 things that stumped the Serial team, the Nisha Call and the Leakin Park Pings, are not really rock-solid evidence. They are shockingly explainable given the information we have now.

Number 2: Where Was Hae Going That Day?

The popular narrative for Hae’s day is that she needed to rush out of school to pick up her cousin and then had to go to a wrestling match – she was the team manager. But Undisclosed was able to look through school records to show that there was no wrestling match that day – which means that many people who were interviewed about where Hae was headed that day were remembering the wrong day. In fact, Hae was supposed to work that evening at LensCrafters in Owings Mills, and then she was supposed to have a date with her new boyfriend, Don. She never made it to pick up her cousin, or to work, or to her date.

One person has a clear memory of talking to Hae at the end of the day: a friend of hers named Debbie. Debbie was interviewed by police and said that Hae told her she was in a hurry to leave school on January 13th, 1999 because she was going to see Don. Because several other witnesses mentioned the wrestling match, Debbie’s recollection seemed like the outlier, but given that the wrestling match everyone else remembers was not on that day, it is more likely the truth. If that is the truth, it’s an important detail to examine.

Number 3: Jay’s Stories

Jay Wilds is perhaps the biggest enigma in this case. Given all of the new evidence, it is more than likely that he knew nothing at all about what happened to Hae but rather made up a story to please the police. Why would someone do that? Many rumors have abounded – such as the one where Jay was jealous of Adnan’s friendship with his girlfriend, Stephanie. The two were close and in the magnate program together at Woodlawn High School. One is that Jay was afraid of the police because he was dealing pot and didn’t want to get locked up for that. Jay himself has cited this as the reason he decided to talk to the police.

Two other ideas have emerged from the work of the Undisclosed team and Bob Ruff at Truth and Justice. The first is that Jay did it for money. In Episode 10 of Undisclosed, we learn that Metro Crime Stoppers paid about $3K to an informant in this case. Per the rules for paying out these rewards, the informant can only get the money if the information leads to arrest and conviction. There is only one witness for the prosecution that gave that kind of information: Jay. And, the police would have to authorize the payment. The second idea is that the police threatened Jay – told him that he would be charged in this crime and that they would seek the death penalty against him. So to get off the hook, Jay agreed to help them tap-tap-tap together a narrative against Adnan – that is who the police really wanted to charge anyway.

One thing is for certain – years after this and the multiple versions of events that Jay related to the police in interviews and at trial, Jay’s story continues to change. In an interview Jay gave to The Intercept in December of 2014, he told yet another version of the story. Where Jay is concerned, there is no truth.

Number 4: Asia McClain

We have all wondered why Asia never testified in Adnan’s trial. She claims to have seen him in the library at the same time the state says he was strangling Hae in the parking lot of Best Buy. Why didn’t Gutierrez call Asia to the stand? There are 2 possible explanations for this. The first is that the Undisclosed team discovered that Asia’s name was misprinted in Gutierrez’s records as Aisha, not Asia, in a critical place that included notes about the alibi. Aisha is a real person – Hae’s best friend. Gutierrez may well have dismissed it based on this. The second is that Gutierrez just forgot to follow up on it.  She seemed to have a lot going on at the time, and as we now know, her health was really deteriorating, and she was not able to perform her job at a high level.  Things got missed.

The prosecution also said that Asia recanted her affidavit, but this is not true. When Asia testified at Adnan’s appeal hearing in February, she maintained the same version of events that she told in 1999. She also testified that the prosecutor, Kevin Urick, misrepresented their conversation and even discouraged her from testifying in the first appeal, saying that they had overwhelming evidence against Adnan. Asia’s testimony would force the state to come up with a totally new timeline for the murder – one they probably could not put together successfully or coherently given the giant holes in Jay’s stories. From an evidence standpoint, it’s the whole ballgame.

Number 5: Don

If you had a date with your girlfriend or boyfriend and she/he failed to show up, would you call her/him? Would you want to know why you were stood up? Apparently, Hae’s boyfried Don was not concerned when A) his girlfriend didn’t show up for her shift at the place where they both worked, B) stood him up for a date, and C) seemed to disappear altogether with no phone call, no email, no anything.

In addition, Bob Ruff was able to learn that Don falsified his timesheet and created a (false) alibi immediately when Hae disappeared – even thought he reportedly told police that he thought she must have run off to California. Why would he need a false alibi then? Don’s mother, the general manager of LensCrafters, doctored a time sheet to attempt to place him at work the day Hae vanished. That’s not shady at all. For some reason, the police never aggressively investigated Don or his alibi, even when they could not locate/talk to him until 1am the day/evening of her abduction. This does not mean that Don killed Hae, but Don was never subjected to the level of scrutiny or investigation that Adnan was, and he really should have been.  But once the police decided to pursue Adnan as a suspect, they let go of every other thread in the case.  They stopped pulling.

These facts give us a more complete picture than we had when Serial ended. Adnan was given a chance to appeal in a post-conviction hearing in February of this year.  The case is currently in the hands of Judge Welch, who previously ruled against Adnan in an earlier appeal. But the evidence appears overwhelming: Adnan should get a chance at a new trial.

Why is this story so compelling?  I’ve wondered that.  I don’t even really like crime shows.  Maybe it’s because I’m from the Baltimore area, so to me, the places in the story are not abstract – I used to drive past the infamous Best Buy all the time when I worked in that area.  Maybe it’s because I work with honors students and I can’t imagine any of them in this scenario.  But I think it’s also because, as someone who teaches and studies Ethics, I am troubled by the idea that the police might seek convictions and not truth.  We also see this in the popular Netflix documentary Making a Murderer.  (That’s a whole other topic for another time.) One of the pillars of our social contract is that our police and prosecutors should seek justice, not simply seek to win cases.  The truth matters – the truth is what compelled Asia to come forward after all this time. What troubles me about Adnan’s case is that, if it could happen to him, it could happen to anyone.  It could happen to you.  Like Adnan, you might never see it coming.

 

PS – If you want to hear more from Adnan himself, you can preorder Adnan’s Story, written by Rabia Chaudry.

© Ryna May 2016

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Ryna May

Ryna May is a teacher, writer, avid sports fan, and amateur philosopher. She lives in Maryland with her wife and two awesome dogs.

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