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🗓️ 9 November 2015
⏱️ 13 minutes
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November 9, 2015 / The team explains the order granting Adnan Syed the ability to include Asia McClain's testimony, cell phone tower information, and evidence of prosecutorial misconduct.
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0:00.0 | Hi and welcome to a special undisclosed explainer. |
0:15.0 | My name is Robbie at Jodhary and I'm Joy with my colleagues Susan Simpson and Colin Miller. |
0:19.0 | And we just wanted to put out something short and sweet in response to some surprised news that we all got this past Friday. Now, I was traveling on Friday. I happened to be heading to Austin for a conference when I got a call from Adon's attorney, Justin Brown, who let me know that he had received a call |
0:38.4 | from the courthouse that the judge had issued an order in response to his motion to reopen |
0:43.7 | the post-conviction proceedings. Now, I was a little bit surprised because the order came a little |
0:48.4 | more quickly than I anticipated because I believe Adnan's response had been filed just in the past couple of weeks. |
0:55.3 | So not too much time had passed. |
0:57.1 | And of course, the happier news for us was that the judge had granted Justin's motion. |
1:03.1 | And so we've gotten a lot of questions about what this order means. |
1:06.6 | It's a pretty short order. |
1:07.4 | You can find it on Justin's website. |
1:09.2 | If you follow him on Twitter or just |
1:10.8 | Google it really, you'll find the order. But it seems to include allowing Asia McLean's testimony |
1:17.3 | in, allowing in new evidence about the cell phone tower and fax cover sheet, and also exploring |
1:24.8 | issues of prosecutorial misconduct. So I'm going to now turn it over to Colin and Susan to kind of prosecutorial misconduct. |
1:32.1 | So I'm going to now turn it over to Colin and Susan to kind of parse out what this means, |
1:36.2 | what it's going to look like, and what the next steps will probably be. |
1:40.8 | There are two major parts to the court's order. |
1:51.0 | The first part has to deal with Asia McLean, and the court decided, quote, after reviewing petitioner's filings and respondents consolidated response, this court concludes that in its own discretion, reopening the post-conviction proceedings would be in the interest of justice |
1:56.0 | for all parties. This will allow the petitioner to introduce the January 13th, 2015 affidavit from McLean, |
2:02.3 | the potential testimony of McLean, and relevant evidence concerning petitioner's claims of |
2:06.8 | ineffective counsel and alleged prosecutorial misconduct. In other words, Asia gets to testify, |
... |
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