Adnan Syed’s defense team is fighting back against the state’s appeal of his new trial.
Back in June, Judge Martin Welch granted Syed a new trial, maintaining that his original lawyer didn’t fully challenge the state’s cell phone evidence, which placed Syed at the scene of ex-girlfriend Hae Min Lee’s death.
The defense team also argued that a new trial was warranted because Syed’s lawyer should have done more to investigate alibi witness Asia McClain. In his ruling however, the judge found that wasn't enough for a new trial.
Judge Welch found #adnansyed 's attorney should have done more to investigate Asia McClain, BUT did not agree it was enough for a new trial
— Christian Schaffer (@chrisfromabc2) August 11, 2016
What today's filing from #adnansyed 's defense team says, is that they believe Asia McClain ALSO should have been enough for a new trial
— Christian Schaffer (@chrisfromabc2) August 11, 2016
McClain testified that she saw Syed at the Woodlawn library at the time Lee was murdered.
The Maryland Attorney General's office filed a formal appeal of Judge Welch's decision, arguing against a new trial.
In response, Syed’s defense team this week filed an application for a “cross appeal” asking the court to deny he state’s request.
But in the event it does not, defense attorneys will argue that McClain’s testimony should have been enough for a new trial on its own.
Hae Min Lee’s body was discovered in Leakin Park one month after she went missing in 1999. Syed was convicted of murder in 2000 and remains behind bars.
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