2016 Defense Motion for Bail Exhibits

Evidence submitted with Adnan’s Bail Motion in 2016 Bail Exhibits for the 2016 Motion for Release Pending Appeal

Return to Bail 2017 or Return to Appeals 2017

Since Judge Welch’s 2016 decision, Adnan’s conviction for murder has been overturned, and legally his position is similar to 1999, innocent until proven guilty. So, after waiting for the State to file their appeal and the defense cross appeals, Adnan’s attorneys applied to the Baltimore Circuit Court for bail in in October 2016, hoping that he could be released from prison.

This page is the low-down on the Exhibits, evidence submitted in support of that of that ““Motion for Release Pending Appeal”” which was then as shared by Adnan’s attorney Justin Brown.

Altogether there were 38 separate exhibits.  16 were new to the public which is 77 of the 318 pages.  The most notable was Exhibit 37, an affidavit from pathologist Dr Leigh Hlavaty confirming that the burial time of 7pm (claimed by Jay and the State) is inconsistent with the findings in the autopsy report and photos. Also significant was Exhibits 22-33, the records of Jay Wilds’ interactions with police and courts from 1999 to 2015, demonstrating how the credibility of the State’s star witness is now “practically non-existent.”

Also new: Exhibit 1, 1999 charging documents (mistakenly showing Adnan’s wrong Date of Birth so he was treated as an adult); Exhibit 5, an affidavit from Professor Douglas Colbert (Adnan’s 1999 bail attorney) recalling how a majority of jurors polled after the first 1999 (mis)trial would have found Adnan not guilty and about the impact of racist misrepresentations made by the State at a 1999 bail hearing; and Exhibits 6-9, records from Adnan’s school, college acceptance and prison work and prison study certificates, demonstrating his character and potential. Some pages had previously been available but not added to the wiki due to privacy concerns.

Index of individual documents

All the separate files are listed, plus page numbers for the Exhibits doc, and if they were newly available (if not the link will go to an alternative copy). Also mentioned: whether the file inside the Exhibits doc was an extract as we’ve generally linked to the full original file rather than upload a duplicate.  E.g. The Motion references several pages in the Prosecution Closing Arguments showing that the State’s case was based on incoming calls and a burial time in the 7 o’clock hour. The exhibit (State’s Exhibit 10) included only the front cover, transcriber’s sign-off and those exact pages referenced in the Motion.

Exhibit No. Description and Link to file New or Duplicate? Ex. Page No.
Ex. 1 Charging Documents for Adnan Syed, Apr 1999 New 1
Ex. 2 Letter from attorney Douglas Colbert to District Court, 10 Mar 1999. Requesting re-review of 1 Mar 1999 bail hearing. Duplicate 6
Ex. 3 Transcript of District Court Bail Review Hearing, 31 Mar 1999. Featuring Vickie Wash’s “egregious” arguments about Pakistani men. Duplicate 9
Ex. 4 Letter from ASA Vickie Wash to Judge David Mitchell. April 1999, apologizing for misleading the court. Duplicate 34
Ex. 5 Affidavit from Douglas Colbert, one of Adnan’s original attorneys. Oct 2017 New 37
Ex. 6 Adnan’s Woodlawn High School reports and grades. 1996-1999 New 41
Ex. 7 Adnan’s College Acceptance, letters from UMBC Feb – April 1999 New 48
Ex. 8 Dept. of Corrections Work Records – Adnan Syed New 52
Ex. 9 Dept. of Corrections Certificates – Adnan Syed. This new file only includes non-duplicates because some certificates were already on the wiki . Some new pages, duplicates not added. 58
Ex. 10 Trial Transcript, 25 Feb 2000. Prosecution Closing Arguments. Link to full file. Exhibit was an extract. Duplicate of Cover, 62, 63, 69-71, Sign off. 81
Ex. 11 Judge Welch’s June 2016 Opinion. After the Feb 2016 hearing he found that Adnan’s conviction was unconstitutional and ordered a retrial. Duplicate 90
Ex. 12 Trial Transcript, 8 Feb 2000. Abraham Waranowitz testimony. Link to full file. Exhibit contained selected extracts. Duplicate of Cover (1-4), 97-104, Sign off (153-154) 150
Ex. 13 State’s Exhibit 31 (second trial)
AT&T call records exhibit used at trial, which didn’t include the original faxed interpretation instructions and removed all signs it had been part of a fax.
Duplicate 155
Ex. 14 AT&T Disclaimer/Instructions for interpreting Subscriber Activity Reports. Fax from Deanna Bache to Detective Ritz, 5 Mar 1999. New 161
Ex. 15 Affidavit of Abraham Waranowitz, AT&T network engineer. Oct 2015. Duplicate, complete 163
Ex. 16 Trial Transcript, 27 January 2000. Opening Statements. Link to full file. Exhibit was an extract. Duplicate of Cover (1-2), 103-114 165
Ex. 17 Trial Transcript, 4 February 2000. Jay Wilds testimony. Link to full file. Exhibit was an extract. Duplicate of 124-127, 129-132, 150-152, Sign off (258) 171
Ex. 18 Police interview of Jay Wilds, 15 March 1999. Link to full file. Exhibit contained Information Sheet, Explanation of Rights and extracts of interview. Duplicate of 1, 40-46 190
Ex. 19 Police interview of Jay Wilds, 28 Feb 1999. Link to full file. Exhibit contained Explanation of Rights and extracts of interview. Duplicate of 1, 17-23 202
Ex. 20 Trial Transcript, 10 Feb 2000. Jay Wilds testimony. Link to full file. Exhibit was an extract. Duplicate of Cover (1-4), 149-160, Sign off (189-192) 213
Ex. 21 Trial Transcript, 11 Feb 2000. Jay Wilds testimony. Link to full file. Exhibit was an extract. Duplicate of Cover, 117-124, Sign off (229-232) 221
Ex. 22-33 Police and Court records for Jay Wilds Sep 1999 to Dec 2015. Includes records from Baltimore City, Baltimore County and Los Angeles. NEW 228
Ex. 34 Affidavit of Asia McClain, Mar 2000. Duplicate 287
Ex. 35 Affidavit of Asia McClain, Jan 2015. Duplicate 291
Ex. 36 Autopsy / Post mortem Report by Dr Korrell 10 Feb 1999. Including Neuropathology Report dated 22 Feb 1999 Duplicate 295
Ex. 37 Affidavit of Leigh Hlavaty, pathologist. Oct 2016. New 303
Ex. 38 Trial Transcript, 15 February 2000. Jay Wilds testimony. Link to full file. Exhibit was an extract. Duplicate of Cover (0-3), 148-155, Sign off (256-258) 311