The Case Against Adnan Syed 2-4: American Injustice

I reviewed the first episode of HBO's documentary The Case Against Adnan Syed.  I was so moved by it, and so angered, that I decided to wait until I saw the entirety of the documentary before I said more.  The 4th and concluding episode was on tonight.

I'm left truly sickened about the state of justice in America - or, at least, according to this documentary, in the city of Baltimore and the state of Maryland.  In those places, justice apparently begins by police feeding crucial witnesses the details and words the police want to hear.  Years later, when the witnesses are presented with evidence that shows their original testimony could not have been accurate - like a high-school girl at the time being in class when police got her to testify that she saw Adnan in a place necessary to commit the murder of Hae - they're at a loss to explain what happened.   There are tears, refusals to continue talking, new lies - none of which do Adnan, in prison now for going on 20 years - any good.

But police aren't the only villains here.  Prosecuting attorneys attune their resistance to new trials with when they will be up again for election.  Politically driven DAs combining with police desperate to close a case add up to the current state of justice - or injustice - in America.  The last chance for truth rests with the courts.   And even when two courts say Adnan is entitled to a new trial, a third, higher court says no.   Forget about innocent until proven guilty.  Once the criminal justice system gets its teeth into you, they'd sooner rip you apart than acknowledge the grievous flaws in the police and prosectors who stacked the deck against the accused and put him in prison.

Of course, the ultimate villain is the real killer.   But by putting someone in jail, for whom there is more than reasonable doubt about his guilt, our justice system in effect rewards the real killer with freedom.   So Adnan Syed, at present, joins Steven Avery and his nephew Brendan Dassey whose unjustified life behind bars was portrayed so vividly in Making A Murderer.   At least these documentaries keep the flame of truth and hope alive.  Perhaps some higher court will do the right thing for these unjustly convicted.   And perhaps, someday, we'll get better police and prosecutors and judges, who will do more than ratify the mockery that our justice system is in so many places today.

See also  The Case Against Adnan Syed 1: Reasonable Doubts ... Making a Murderer: Showing Us the Truth about our Unjust Justice System ... Making a Murderer 2: The Very Pits of Justice

 

The Case Against Adnan Syed 1: Reasonable Doubts

The Case Against Adnan Syed debuted tonight on HB0, the first in a four-episode documentary about the murder of Hae Min Lee on January 13, 1999, for which Syed was convicted.  The podcast Serial in 2014 generated enormous international interest about this case, and the possibility that Syed was not the killer.  Presumably at least in part as a result of this and new evidence brought to light, the path to a new trial for Syed was set by a Maryland Court of Special Appeals in July 2016.  That court indeed so ordered a new trial in March 2018.  But a higher Maryland Court of Appeals overturned that order on March 8, 2019 - or, amazingly, just two days before the premiere of the HBO series tonight.  You just can't make this stuff up.

With all of these bizarre and incredible turns, this documentary has more than a fleeting resemblance to Netflix's two seasons and counting of Making a Murderer.  And although True Detective and The Night Of are fiction, the documentaries have a lot in common with those two series, too.

It's always important to bear in mind that documentaries -  though more truthful than docu-dramas if only because the documentaries show real people not actors - are by no means literal mirrors of reality.  The documentary creators have to decide what to show and what not to show in the true story they are retelling.  Still, I believed after the first season of Making at Murderer that Steven Avery and his nephew  Brendan Dassey were not guilty of the crimes for which they were convicted, and had no reason to change my mind after the second season.  Indeed, I now believe even more strongly that their convictions were wrong (testament to the great work of the defendants' attorneys, especially Kathleen Zellner).   After just one episode of The Case Against Adnan Syed it's difficult to come to any strong conclusions, but there certainly seem to be other suspects, such as Hae's boyfriend at the time of the killing, Don (Adnan and Hae were no longer a couple when she was killed).

I'm also naturally suspicious whenever a higher court reverses a decision of a lower court to reopen a murder case, which is also what happened in the Avery/Dassey cases.  I mean, we're talking about murder here, shouldn't our legal system bend over backwards to consider new evidence that comes forth?

As for the making of the documentary, it has good use of animation and Impressionistic paintings, which were one of Hai's  loves.   I'll let you know more about about I think about this case and the documentary in the following three weeks.

See also Making a Murderer: Showing Us the Truth about our Unjust Justice System ... Making a Murderer 2: The Very Pits of Justice