After having his murder conviction vacated last September, Adnan Syed, who inspired the hit podcast "Serial" after spending more than 20 years behind bars in the death of his ex-girlfriend, could be heading back to prison.
A Maryland appellate court on Tuesday reinstated Syed's conviction and ordered a new hearing in the case.
In a 2-1 decision, the appellate court found that a lower court failed to give sufficient notice to the victim's family when it scheduled a hearing that ultimately led to Syed's freedom and his conviction being dropped, the Associated Press reported.
The court's order doesn't go into effect for 60 days, the AP pointed out, so Syed won't be immediately taken back into custody. In the meantime, his legal team plans to ask the state supreme court to review the case.
Defense Attorney Erica Suter told CNN the ruling re-traumatizes Syed "by returning him to the status of a convicted felon."
"For the time being, Adnan remains a free man," she said. "We intend to seek review in Maryland’s highest court, the Supreme Court of Maryland, and will continue to fight until Adnan’s convictions are fully vacated."
An attorney for the family of Hae Min Lee told CNN they were pleased with the ruling.
"We think it really represents a step toward transparency and the rule of law. You can’t have a trial by podcast or a trial by publicity," Steve Kelly told the network. "It's in everyone’s interest, including Mr. Syed's, to have all the evidence aired publicly."
"We want the truth," Kelly added. "If Adnan Syed is not the guy, then we want him out."
When the hearing happened back in September, Lee's younger brother was told on a Friday that the hearing was taking place that following Monday, according to the AP. Attorneys argued that was insufficient time for him to arrange travel from his home in California to attend the hearing in person in Maryland. Instead, he was forced to attend the trial remotely via Zoom.
During the hearing, a judge decided to vacate Syed's convicted on charges of first-degree murder, robbery, kidnapping, and false imprisonment in connection to Lee's 1999 killing. In her decision, the judge cited material from the state's investigation that had not been properly given to defense attorneys at the time, as well as two suspects who could have been improperly cleared as part of the investigation. Immediately following the ruling, Syed was uncuffed and walked out of the courthouse a free man.
While attorneys for Syed argued that Mr. Lee's attendance over Zoom was sufficient, the appellate court ruled otherwise.
"Because the circuit court violated Mr. Lee's right to notice of, and his right to attend, the hearing on the State's motion to vacate … this Court has the power and obligation to remedy those violations, as long we can do so without violating Mr. Syed's right to be free from double jeopardy," the court's opinion said, per CNN. "We remand for a new, legally compliant, and transparent hearing on the motion to vacate, where Mr. Lee is given notice of the hearing that is sufficient to allow him to attend in person, evidence supporting the motion to vacate is presented, and the court states its reasons in support of its decision."
In 1999, Baltimore high schooler Lee disappeared. Her body was found a month later and Syed, then Lee's 17-year-old ex-boyfriend, was charged and ultimately sentenced to life in prison for her murder.
Syed was the subject of the first season of the landmark "Serial" podcast, which broke down his conviction eight years later. The podcast noted that Syed's case was based mostly on the testimony of one witness and raised doubts about some of the evidence prosecutors had used. The outcry to reexamine case was so overwhelming, it led to a year-long investigation and a new hearing.
Syed has always maintained his innocence in the case.
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