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Law Professor gives his take ahead of Lee appeal hearing in Adnan Syed case

Posted: 5:19 PM, Feb 01, 2023
Updated: 2023-02-01 17:19:04-05
Adnan Syed leaves courthouse after conviction vacated

Young Lee will appear in the Maryland Court of Appeals on Thursday, his lawyers arguing his rights as the appointed crime victim advocate were violated.

Lee's sister, Hae Min, was killed in 1999. Her ex-boyfriend, Adnan Syed, was convicted after two trials, but his conviction was vacated last year.

Young Lee and his lawyers argue, he wasn't given proper notice of the vacatur hearing, and his rights to attend and speak, and have appealed.

"It's a highly unusual appeal that's taking place."

WMAR-2 News spoke with law professor Doug Colbert, of the University of Maryland, Carey School of Law, who also served as Syed's first lawyer, during his bail hearing just after his arrest.

Colbert broke down what's expected in Thursday's hearing.

"To get an appeal from a victim of a crime is something that is exceedingly rare in our legal system," he says. "This is a case in which the victims rights proponents are looking to expand the rights that they already have in our criminal justice system."

Colbert said that while a victim of a crime has the right to be present and give a statement at sentencing, that victims' rights advocates are trying to expand those rights exponentially.

"They're saying that a crime victim should have basically the same rights and role as a prosecuting attorney."

"They want a full-blown presence at the criminal proceeding itself," he says.

However, Colbert argues that this is being requested in the wrong forum, that these additional rights should actually be fought for in the state legislature, not the judiciary.

"Allowing this particular case to be heard in some ways, is going to allow the court to once again affirm certain rights of the crime victim, but not to, in my opinion, not to expand those rights," says Colbert.

While not able to predict the future, we did ask what Colbert was expecting from this court hearing. For example, could Syed end up behind bars again?

"Anything's possible, but the strong likelihood is, at worst... is that he would have to redo the sentencing stage of this particular proceeding," he said. "It's highly unlikely the judge would put Adnan in jail or prison until that hearing took place, because the Circuit Court judge had already released him, waiting for the prosecutor to make its decision."

Would the Court of Appeals rule on a certain length of time for a victim to be notified of a hearing like this? Professor Colbert argued no, because that wouldn't be a role for the judiciary, but the legislature.

Will this be the final hearing in the Hae Min Lee murder case that concerns Adnan Syed?

"It ought to be the final hearing, we ought to put this to rest," he says. "It would be an extraordinary decision if anything goes beyond tomorrow morning or when the court decides tomorrow morning's arguments."

He added that due to public interest, it could take some time for the Court of Appeals to release it's decision, "but they've already read the briefs, they already know the argument, they could certainly make a decision from the bench."

While tomorrow's hearing and the decision that comes from it could be the end of this chapter for Adnan Syed, it leaves Hae Min Lee's murder case open.

"I think the tragedy here is for the Hae Min Lee, they still don't know who the actual perpetrator was of the tragic death of their daughter.. For Adnan Syed, his family has watched as he spent more than 20 years of his life in prison."

We've reached out to the State's Attorney's Office to find out if it plans to pursue prosecution of another suspect in the case.