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    • Scenarios For America’s Political Future
      Let’s run thru the most likely possible victories in the upcoming federal election and consider what they mean for America’s future. Put them in 4 baskets. Trump wins. He does more bad stuff, situation continues to get worse, American post-WWII style multilateral hegemony and trade order takes huge hits. Biden or Harris win. Harris will […]
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Serial: Both Sides Now

Serial fans are now the topic of New Yorker cartoons.

Yep, I do this.

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Episode 10 of Serial dropped on Thursday. This episode, titled The Best Defense Is A Good Defense, was about Adnan’s trial and the performance of his lawyer, Cristina Gutierrez. Sarah Koenig reviewed the tapes of the trial, transcripts and motions, and came to some rather surprising conclusions.

Koenig says that while there was some pretrial misinformation that was prejudicial to Adnan, especially with respect to anti-Muslim sentiment, she doesn’t feel that he lost his trial specifically because of it. Some of the excerpts of this section were painful to listen to. Adnan is an American but he was portrayed as a flight risk fleeing an honor killing. In actuality, Adnan’s upbringing was similar to my own, which just goes to show that a smart kid in a house with two extremely strict and religious parents will find a way to be a normal teenager no matter what the religious affiliation. And when I say “normal” I don’t mean “bad”. Adnan did some things I didn’t do in high school but I don’t consider any of it outside the norms. In short, Adnan had fully adapted to western culture in a way his parents probably had not.  In the end, that’s primarily the way the jury saw it too even though there was some residual cultural biases. So, no, the jury didn’t convict Adnan simply because he was a Muslim from Pakistan but we can’t rule out the notion that there was some association that affected the way they perceived the motive the prosecution presented.

Then there is Cristina Gutierrez, Adnan’s lawyer. Koenig’s take on her varies quite a bit from Rabia Chaudry’s memory to the extent that Rabia wrote a more extensive rebuttal on her blog Splitthemoon. Rabia and Koenig are on the same side but I expect that Koenig knew she would be ruffling some feathers. In the end, I think they roughly reach the same conclusion but Koenig’s is more objective because she wasn’t in the courtroom at the time and didn’t get the feedback that Adnan’s community provided, nor was Koenig able to gauge the juror’s reactions at the time of the trial.

As to whether Gutierrez deliberately threw the trial as Rabia asserts, Koenig says she doesn’t think so. But both Koenig and Rabia conclude that Gutierrez was not in peak form, and her illness and distraction probably lead to a less effective presentation for the jury. One frustrating finding was that the first trial ended in a mistrial when an alternate juror overheard the judge calling Gutierrez a liar. At that point, the jury had heard Jay’s testimony and when polled afterwards, would have acquitted Adnan at the time the trial abruptly ended. During the second trial, the prosecution cleaned Jay up and coached him better and Cristina seemed to have lost her edge.

But the segment of this podcast that affected katiebird and myself most was when Adnan tells us that he advises new inmates to “take the deal”. He tells them that even if they are innocent, they are better off pleading guilty to something for a reduced sentence. Maintaining your innocence and not showing remorse (for something you haven’t done) is a sure fire way to remain in prison for the rest of your life. The takeaway message that we both got was that the system is stacked against the innocent because if you were totally innocent, you wouldn’t have gotten into trouble in the first place. You wouldn’t be sitting in a courtroom. No one gets accused of murder if they are completely innocent. Therefore, your best bet of living a life outside of prison someday is to give the justice system what it wants: closure and repentance. Then you can serve out your 20 years and be out just in time for the rest of your middle age.

This is scary for Americans who were brought up thinking that you are innocent until proven guilty. The system definitely doesn’t work that way, especially for those who are not wealthy. But even for Adnan, whose community was able to help him pay for an attorney with a stellar reputation, getting convicted of first degree murder based almost exclusively on the wildly inconsistent testimony of a prosecution witness with a sweet deal and no physical evidence, was incredibly easy. And it shouldn’t have been.

In the end, I think this is what Serial is about. It’s not about the nature of truth, although that is important. It’s not about culture, ethnicity or race, though I don’t think we’ve heard the end of that portion of the case. I do think race might have been a factor as far as how Jay was perceived by the jury. It’s about the borglike authority of the investigation, prosecution and penal system. The unidirectional nature of a system with plea deal check valves is very frightening. You enter it presumed guilty and never truly exit from it. The system is allowed to buy witnesses and fabricate a narrative without physical evidence in order to reach a predetermined outcome. Your whole life may hinge on whether your lawyer is feeling well enough to put on a good defense. Every American should pay attention to how a life can be completely unravelled when getting to the truth is less important than getting a conviction at any cost. If it could happen to Adnan, if could happen to anyone.

Koenig says that Adnan’s future freedom hangs by a thread at this point. There is one appeal motion pending in January to address some final issues about whether Gutierrez did all she could to reduce Adnan’s sentence. After that? Who knows. It could be back to prison for the rest of his life with no possibility of parole.

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As you may have guessed by now, I am firmly team Adnan. I’ve been pretty convinced that he was not guilty since about episode 4 on Inconsistencies of Jay’s testimony. More and more, I am leaning towards the idea that Jay might not have been involved in the crime at all. Susan Simpson, the lawyer blogging at TheViewFromLL2, is also leaning towards a not guilty conclusion for Adnan based on Jay’s testimony as well but she does feel that Jay was involved because Jay was spinning tall tales all over Baltimore before the body was found that Adnan killed Hae. Yeah, imagine that. You are hanging out with this guy, blithely unaware that behind your back he is telling his friends that you killed your ex-girlfriend.

But I remember a couple of episodes ago that Jay’s friends said that he was a habitual liar. Oh sure, he would never lie about something big but he did have a habit of telling lies just for fun. Some of these lies later turned out to be partially true. But I’m beginning to think that Jay has an overactive imagination. Maybe he should be writing crime fiction. Or maybe he really did have something to do with it. With an almost complete absence of physical evidence tying either Jay or Adnan to the crime, it’s difficult to say but I’m throwing Adnan’s involvement out. I don’t think he had any clue what happened to Hae. More and more, it looks like he was condemned by bad luck, loose lips and a corrupt judicial system.

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