New Trial Granted

A sampling of legal wisdom from /u/xtrialatty (whom I believe has me on "ignore," but whom I'm flagging just as a courtesy):

My prediction: Cell phone issue backfires on defense. Judge cites to CG's thorough and knowledgeable preparation and cross-examination of A.W. as evidence that she was fully capable and highly functional during Syed's trial, in contrast to characterizations by defense witnesses asserting that she was incapacitated by illness.

Wrong.

The idea that it was IAC for CG not to attack the cell phone evidence based on the fax cover sheet doesn't fly because lawyers aren't required to raise every argument possible. So that claim is easily defeated by a recitation of what CG did argue.

Uh-huh.

IMHO, there is absolutely nothing that the Judge could decide for the defense, even if he wanted to -- especially with respect for the cell phone issue. To start with, if he ruled in favor of the Defense, Welch would have to explain to COSA why he even allowed the claims to be introduced in the first place, when they are clearly barred by the failure to initially raise them.

He did that very thoroughly, btw.

In addition to the points you raised, I would expect to Judge to reference the office assignment sheet, with "alibi" marked "urgent" as further evidence that CG made a strategic decision.

Nope!

Again, burden of proof was on the defense-- and not only was their "expert" unfamiliar with the fax cover and unable do more than speculate as to what it means - the defense actually objected when the state asked him questions about what it meant on cross examination.

Again, no!

The state's expert presented a plausible explanation given his knowledge of cell phone technology, and consistent with the language on the fax cover. The defense had nothing to offer to rebut that.

And again!

It was a cheap trick -- and in my opinion highly unethical -- that JB used because he thought he could trip up an expert on a Friday afternoon because he mistakenly believed that the expert would not be available the following Monday. (Maybe the state also was playing games when it said that Fitzgerald would only be available on Friday,or maybe Fitzgerald changed his previous plans in order to complete his testimony - I don't know - but I do know that JB had easy access to clean copies and if he managed to find a messed up copy in CG's files and deliberately chose to use that instead, that was dirty pool).

Obviously the Judge probably knows or will figure out all of the above as well.

Obviously.

/r/serialpodcast Thread Link - baltimorecitycourt.org