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      Well, if it did. Let me tell a story, possibly apocryphal. Back in the 70s the Russian (USSR) ambassador supposedly had a talk with the Pakistaini leader of the day. This is what he is reputed to have said. ” I do not know who will be in charge in Moscow in ten, twenty or […]
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Serial update: What Susan Said

Ok, one more post on Serial. Hey, it’s Sunday.

If you are addicted to Serial, you really should be reading Susan Simpson’s blog at The View from LL2. Susan is a DC criminal lawyer. In her spare time, she’s been combing through the trial transcripts, police interviews, and FOIA requests to try to piece together what might have actually happened to Hae Min Lee. Is it likely that Adnan Syed, her ex-boyfriend, actually killed her? So far, and based on what she’s been reading, Susan is leaning heavily in the “Adnan didn’t do it” direction.

Her latest post is about Hae’s new boyfriend, Don, and his unbelievably sketchy “air-tight” alibi. Don’s story is that he couldn’t have killed Hae because he was working all day. He worked for Lenscrafters at the Owings Mills Mall where Hae worked but on the day Hae disappeared, he filled in a shift at the Hunt Valley Lenscrafters. But what Susan has found out is that the Hunt Valley Lenscrafter location didn’t need Don that day, the timecard showing Don was there was produced several days after the franchises produced his other timecards, the employee number on the Hunt Valley time card is different than his Owings Mills employee number, it was newer, and Don’s mother is the general manager of both stores. There are some performance reviews that show that Don was a problem employee. He seems to have been immature, hot-headed and had a history of fudging his time. Still, Susan explicitly says she doesn’t think Don was involved in the murder. She just thinks that with all this stuff from the store, the cops dismissed him too soon as a suspect while zooming in on Adnan with laser like intensity.

But the thing that got my attention is something Susan wrote in her comments section. This is about the timeline of the murder and the fact that Adnan has an alibi for most of his day but the cops keep coming back to him. Here’s what Susan said:

The state’s timeline wasn’t designed to reflect the truth, it was designed to prevent Adnan from being able to raise a defense. By having a timeline that could shift a million different ways, any alibi evidence can be rendered meaningless by simply shifting the times to something more convenient for the prosecution.

This is what is currently going on in the heads of the Adnan Guilty crowd over at Reddit. So, Asia has the 2:15-2:40pm time period covered and the track coach is pretty convincing when he says he saw Adnan at 3:30pm, even though he didn’t take attendance. (The track coach says he spoke to Adnan about Ramadan) But there’s that 50 minute window between the library and track. Fifty minutes! He could have intercepted Hae in the parking lot, driven her car somewhere secluded, strangled her, walked to a pay phone, popped the trunk for “neighbor boy”, no, wait, popped the trunk for Jay in the Best Buy parking lot, no, that’s not right either, popped the trunk for Jay at Jay’s Grandmother’s house, then rushed back to the school for track at 3:30pm.

Right.

What Susan is saying is twofold: 1.) Forget the timeline. The state is going to move that around to suit its needs. It wants Adnan to be the guilty party, therefore, if the only free period of time is when Adnan goes to the bathroom to take a pee, the state will find a way for him to murder Hae between unzipping his fly and tapping off. The state is convinced that Adnan did it so it will find a time. 2,) The state doesn’t actually have a theory of the crime. This is the more important thing, IMHO. If it can shift the timeline around in order to convict Adnan, that means it doesn’t know when the crime was committed. And because it doesn’t know when the crime was committed, it doesn’t know where, or by what means (manual strangulation, but how did she get the blunt force trauma to her head?), or when the car was moved or when the body was buried. That’s because the state has no physical evidence tying anyone to the crime or forensic evidence that pins down when the crime happened.

The state is making stuff up in plain sight and so far, no one seems to be getting this point. The state hasn’t got a case. It doesn’t have a theory, except Adnan did it. That’s all it’s got. It stopped investigating after it settled on Adnan. It didn’t follow up on Don’s time card, it didn’t ask the forensics experts about how long Hae might have been dead before she was buried, it didn’t check out other murders of young women in the area, it didn’t try to figure out how Hae was strangled in her car or even if the murder took place in the car at all, it didn’t check up on the wrestling match schedule (it turns out there wasn’t a wrestling match the day she went missing) or whether she had something else she wanted to do (she did). All of these other unknown unknowns? Not important to the state. It still has no idea what happened to Hae, who was there, how it was done, when it was done or for what purpose. All they’ve got is this ex-boyfriend. That’s it.

Ineffective assistance of council is only the tip of the iceberg here. Adan’s lawyer, Cristina Gutierrez should have pointed this out: The state still doesn’t have a clue and it keeps shifting the timeline around because it didn’t do its job. How can you even have a suspect if you don’t know where, when and how the crime even happened? This farce of a case was made up out of increasingly thin air and the state and the justice system threw a person behind bars on less than nothing.

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