BREAKING: Adnan Syed from "Serial" wins new hearing, can present new evidence https://t.co/PWmkrDpFe3pic.twitter.com/yOsHHGbOHd
— Mashable (@mashable) November 6, 2015WHY? Adnan's new lawyer recently filed a brief to reopen post-conviction proceedings on the basis of 1.) Prosecutorial Misconduct in regards to a possible Brady violation, and 2.) Ineffective Counsel on behalf of Adnan's original lawyer Christina Gutierrez. The reasoning: 1.) The state prosecutor in the original trial committed a Brady violation by allegedly not giving defense council an AT&T fax cover sheet which stated that cell phone pings from INCOMING CALLS are NOT reliable in determining location of person receiving the call. Prosecution used the cell phone tower pings in the original trial as "proof" that Adnan was in Leakin Park at the time of the supposed burial (according to Jay Wilds.) 2.) Christina Gutierrez did not contact alibi witness Asia McClain during the original trial, and according to Maryland state law, even if a person's lawyer does that BY ACCIDENT, it's still considered Ineffective Counsel.
WHAT DOES THIS MEAN? The judge will hear the new evidence regarding the cell phone tower evidence and Asia McClain will testify as an alibi witness; the prosecution and defense will argue the validity of the new evidence and Asia's testimony. In the state of Maryland, both a Brady violation and Ineffective Counsel are reasons a defendant can receive a new trial.
Source
Disclaimer: I am totally NOT a lawyer and the paraphrasing above is based on what has been stated on the Undisclosed podcast and what I've read on reddit.
