Adnan Syed's legal team filed its brief in the ongoing case set to be heard by the state's highest court next month.
Syed was originally convicted in 2000 for the murder of his ex-girlfriend Hae Min Lee, but the conviction was vacated last September.
Lee's brother and victim representative, Young Lee, attended the vacatur hearing via Zoom, but filed an appeal arguing his rights were violated as he wasn't given enough notice to attend.
The Appeallate Court agreed with Lee, reinstating Syed's convictions.
In this new filing, Syed's lawyers argue that when the State's Attorney's Office dropped the charges against him in October of 2022, the case should have been rendered moot.
"The merits of the vacatur and subsequent dismissal of charges were not before the Appellate Court, and they are not before this Court," the brief states. "This Court should hold that the intermediate appellate court erred in ordering reinstatement of Mr. Syed's convictions."
Syed's legal team also argues that Young Lee's attendance via Zoom "satisfies a victim's representative's right to attend a vacatur hearing."
Erica Suter, one of Syed's lawyers, released a statement at the time of the filing of the brief.
"Six months ago, the Appellate Court reimposed Adnan’s sentence and convictions because Mr. Lee appeared at the vacatur hearing over Zoom instead of in person. Since that day, Adnan and his family have lived with the terrifying specter of his being sent back to prison.
While Mr. Lee and his family have our deepest sympathies, their rights were honored throughout the vacatur proceedings and his physical presence in the courtroom would not have changed the outcome of that hearing.This case should have ended after the State successfully moved to vacate Adnan’s convictions and then dismissed the charges against him. The Appellate Court’s decision marks a dangerous departure from prior practice and diminishes the State’s ability to look back and correct its mistakes.
We are grateful for the opportunity to present our arguments to the Supreme Court, and grateful that Adnan remains free while we do so."
Arguments in this case are scheduled for Thursday, October 5, 2023.
