Post Conviction II

<<Post Conviction Timeline I

Friday, December 19, 2014

• Rabia launches the Adnan Syed Legal Defense fund on Launchgood.com

• Rabia's responds to the final episode of Serial, in her blog.

• Rabia points to Don

Undated between December 20, 2014 and January 2, 2015

• Rabia asks Sarah Koenig when she can have back all her hard copies and tapes.

• In the same email, Rabia asks if she can have the full police file from Sarah's MPIA request.

• Sarah doesn't realize that Rabia will sell docs from Sarah's MPIA request and research to raise money for Adnan's defense fund, and start her own podcast.

• Rabia later discovered that Justin Brown has had a copy of the MPIA file, but never told Rabia, or shared it with her.

Monday, December 22, 2014

• Google Chat #8 with Pete Rorabaugh

Sarturday, December 28, 2014

• Asia responds to her classmate's Facebook message

Sunday, December 29, 2014

• Susan Simpson posts the "previously unpublished" 2003 COSA Denial of Adnan's appeal. She tells her readers that she filed the paperwork necessary to obtain this document and that it got water stained in her mail box while she was out of town. But this looks "obtained" from Rabia's water damaged documents.

Friday, January 3, 2015

• Sarah Koenig emails Rabia back about returning the documents and tapes. Sarah doesn't respond to Rabia asking for the MPIA documents. Sarah says they never identified Hae's pager.

Monday, January 6, 2015

• Rabia writes in her blog about Jay's lies.

• Rabia posts Sarah's January 3 email in her blog, making the point about how Sarah tried to trick Adnan into thinking she had Hae's pager number when, she didn't.

• Either this day or the next, Sarah calls Rabia, and is super angry. She said she was mistaken, and that they did have Hae's number, and Rabia's posting a private email made Serial look incompetent.

• Rabia writes in her book that it was during this phone call that Rabia and Sarah got in a heated argument over "The Best Defense is a Good Defense." Rabia was very angry that Sarah only aired the part about Adnan being happy with Gutierrez, when he clearly isn't happy, and has a pending IAC claim against her. Rabia told Sarah that what she used in Serial could affect Adnan's case.

• Rabia says a full on shouting match ensued when Sarah said the IAC wasn't her problem, and they used what parts of the interviews they wanted due to "editorial discretion."

Tuesday, January 7, 2015

• Kevin Urick Intercept Interview

Saturday, January 10, 2015

• Susan Simpson begins posting snippets of police files obtained via Sarah Koenig's MPIA request. She got them from Rabia who got them from Sarah.

Monday, January 12, 2015

• Rabia speaks at Stanford Law School

Tuesday, January 13, 2015

• Asia signs 2nd affidavit re; 2000 affidavit & 2012 conversation with Urick

• 16th anniversary of Hae Min Lee's death

Wednesday, January 14, 2015

• Part 2 of Kevin Urick's Intercept Interview

Thursday, January 15, 2015

• State files response in Opposition to Application for Appeal - re failure to approach prosecutor for plea deal

Sunday, January 18, 2015

• Susan Simpson travels to Baltimore and gets a tour of the sites from Rabia and Saad. The three of them view "the wrong log."

Monday, January 19, 2015

• Rabia's final google chat with Pete Rorabaugh

Mid January, 2015

• Approximate: Innocenters on reddit create r/TheBonnerParty, a secret sub where Susan Simpson shares Sarah Koenig's MPIA. Rabia unaware of this sub and still thinks r/NarcoticsUnit is the sunshine sub. r/NarcoticsUnit will eventually be shut down, Bonner mods will attempt to get Narcotics unit from its creator, before eventually creating r/TheMagnetProgram

• r/TheBonnerParty attempt to investigate former and current Woodlawn residents

• another attempt to investigate

• another attempt to investigate

• Bonner mining Facebook data of WHS graduates

• r/TheBonnerParty wiki identifying guilters

Tuesday, January 20, 2015

• Asia’s Jan 13, 2015 statement released.

• According to Rabia, Asia insisted that Glenn Beck get first crack at publishing this news.

• Asia blames Urick for her failure to testify in the 2012 PCR hearing:

• Urick convinced me that I should not participate in proceedings. During that conversation, I determined that I wished to have no further involvement with the Syed defense team, at that time.

• But the phone call she’s referencing happened after she turned the defense team away, not before.

• Adnan files Supplementary submission to post-conviction appeal, based on new Asia statement.

• Adnan claims that Urick discouraged Asia from testifying and that her testimony would have changed the outcome of the PCR.

Wednesday, January 21, 2015

• Rabia tweets that no testing has been done yet

Tuesday, January 27, 2015

• State files motion to strike Asia Supplement. Encourages court to deny Adnan's January 20 request for remand.

Tuesday, February 3, 2015

• Adnan responds to state's motion to strike Asia Supplement: Motion for Leave to File Supplement

Wednesday, February 4, 2015

• Krista deletes her reddit account, claiming guilters drove her away.

• A series of innocenter sock accounts go after guilters in various threads in r/serialpodcast: Have you no decency!

Friday, February 6, 2015

• CoSA MD grants Adnan's application for leave to appeal. Sets briefing schedule and date for argument. COSA defers the Asia alibi issue to a panel of judges.

Wednesday, February 11, 2015

• Kevin Urick Daily Record Interview

Thursday, February 12, 2015

• The Student Bar Association of the University of Baltimore School of Law hosts panel

• Panelists include Douglas Colbert, Chris Flohr, Justin Brown, Rabia Chaudry, Susan Simpson, and Saad Chaudry

• In this youtube video, at 44:20, Susan lies and says:

• The Enehey Report was written before the bail hearings, when she knows it was written months later.

• The post-it, contained damaging "fluff" to use at the bail hearing. Except the post-it is just directions to Enehey written a week after the body was found, and three weeks before Adnan was arrested.

• Susan tells the audience how the Enehey Report influenced the bail hearing, when she knows the Enehey Report was written six months after the bail hearing.

February 21, 2015

• Redditer who went after guilters ("Have you no decency,") admits to running multiple accounts and receiving a shadow ban.

February, 2015

• Rabia says this is the date the Justin Brown received the MPIA. She says he had filed for the MPIA that Koenig had been using. He received it, gave it to Rabia, and she gave it to Susan Simpson and Colin Miller.

February 28, 2015

• Adnan has been in jail/prison for sixteen years

Thursday, March 19, 2015

• Susan Simpson finds Don's 17 year old performance reviews in the defense file, and posts them online.

• Susan Simpson points the finger at Don.

Monday, March 23, 2015

• Adnan's appeal re; denial of post-conviction relief filed in CoSA MD

Tuesday, March 24, 2015

• Rabia tweets that she does not trust the DNA evidence.

Sunday, March 28, 2015

• Rabia tweets that the DNA will not be tested until after the PCR

Wednesday, April 1, 2015

• Rabia announces that the funds raised from the launchgood web site will pay for a podcast she is doing with Susan Simpson and Colin Miller using Sarah Koenig’s MPIA as their source material.

Monday, April 13, 2015

• The first episode of the Podcast Undisclosed. This podcast uses Sarah Koenig's work and research. Undisclosed is still hiding and snippeting Koenig's MPIA to support their theories.

• Having filed for and paid for PCR testimony, closing arguments, and missing pages, redditor u/stop_saying_right uploads files for everyone.

Tuesday, April 14, 2015

• Sarah Koenig is awarded a Peabody for reporting on the murder of Hae Min Lee

Monday, April 27, 2015

• Rabia accuses u/stop_saying_right of working for the State of MD. She links to his /u/ on her blog so the internet can harass him.

• A group of users in r/themagnetprogram works to dox SSR by scrubbing transcript pages for metadata.

• A mod of r/serialpodcast participates in attempts to uncover SSR's identity.

Thursday, Apr 30, 2015

• Deadline for State of MD to respond to Adnan's appeal re; denial of PCR. The state misses this deadline

Monday, May 4, 2015

• State misses deadline to respond to PCR for the second time

Wednesday, May 6, 2015

• State's PCR Response

Monday, May 18, 2015

• COSA remands to trial court to allow defense to move to re-open PCR.

• COSA has reviewed Adnan's March 23 brief, and the State's May 6 brief.

• Instead of deferring the Asia issue to a panel, Adnan's request to re-open the PCR is granted. Asia can testify.

• Asia's 2015 affidavit can become part of the record.

• June 9 oral arguments waived.

• Adnan has 45 days to file his motion to re-open the PCR.

Thursday, May 21, 2015

• Adnan's 34th Birthday

Saturday, June 6, 2015

• Rabia attends Sarah Koenig speaking event; poses for picture with SK backstage

Tuesday, June 9, 2015

• Oral arguments scheduled. Postponed indefinitely, as of May 18.

• The lawyers were meant to argue before a panel of 3 judges. No witnesses -- just lawyers arguing with respects to the October 2012 PCR hearing.

Tuesday, June 30, 2015

• Adnan files motion to reopen Post Conviction Proceedings (PCR)

• Exhibit 1: Asia’s First Letter to Adnan

• Exhibit 2: Asian’s Second Letter to Adnan

• Exhibit 3: July 13 Attorney notes

• Exhibit 4: CG Notes

• Exhibit 5: Asia’s 3-25-2000 Affidavit (check cashing place)

• Exhibit 6: Rahman’s letter to CG

• Exhibit 7: Asia’s 1/13/2015 Affidavit

• Exhibit 8: May 2015 Court Order granting Adnan permission to file a motion to re-open the PCR

• Exhibit 9: Intercept Interview

• Exhibit 10: Daily Record Interview

August 2015

• Guilters on reddit file for, and pay for a complete version of the MPIA that Susan and Rabia will not share, costing anonymous redditers thousands.

• Innocenters engage in private sub drama and shenanigans. Whistle blowers booted.

• Further reading on Innocenter subreddit drama

Thursday, August 6, 2015

• Judge Martin P. Welch is assigned to decide if the PCR should be reopened.

• Welch denied the PCR motion in January of 2014, over a year after the hearings.

• Welch is retired, but assigning the previous judge is in accordance with court rules and practice.

Wednesday, August 12, 2015

• Colin Miller tweets that the state of MD missed a deadline that never existed.

Monday, August 24, 2015

• Justin Brown files supplement re: Cell Tower evidence

• Exhibit 1

September 2015

• Redditers receive MPIA file and begin hosting/sharing. Rabia loses control of the documents and according to members of the r/TheMagnetProgram, has a meltdown.

• Months later, an anonymous redditer would take these same documents, re-brand them, and host them at a site called Undisclosed Wiki. No one from the Undisclosed podcast gave any MPIA documents to the Undisclosed Wiki. They got them from us.

Monday, September 7, 2015

• Justin Brown tweets that the state has asked for an extension, and the new deadline is September 23

Tuesday, September 8, 2015

• State's original deadline for filing a response to the motion to re-open.

Sunday, September 20, 2015

• C. Justin Brown updates law license

Wednesday, September 23, 2015

• State's new deadline for filing a response to the motion to re-open.

Thursday, September 24, 2015

• State of MD files response to Adnan's motion to re-open the PCR.

• Adnan's August 2015 filing

• Fax Cover Sheet and Deanna Note

• AT&T Subpoena and Phone Records

• Cell Records with Cell Site Redacted

• State's May 6 Filing

• Rabia tweets: that the state is withholding documents

• Rabia tweets: that the state is wasting taxpayer dollars.

Friday, September 25, 2015

• Rabia forgets that there was a memorial service held for Hae before Adnan was arrested.

Tuesday, October 13, 2015

• Justin Brown files Response to the State's Response to Adnan's Motion to re-open the PCR:

• Ex 1: Kanwisher Affidavit: Gutierrez's failure to investigate Asia was not "strategic."

• Ex 2: Krista Affidavit: The Public Library is considered "on campus."

• Ex 3: AT&T Fax Cover Sheet

• Ex 4: (aka Trial Exhibit 31) AT&T Certification of Adnan's Cell Phone records for January 12 and 13, 1999

• Ex 5: 24 Pages of Adnan's Cell Phone records

• Ex 6: Waranowitz Affidavit: Waranowitz doesn't know why the incoming call disclaimer is on the fax cover sheet, and how that would have impacted his testimony, had he known.

• Ex 7: Gerald Grant Affidavit. Note: Gerald Grant web site.

Thursday, October 16, 2015

• Hae's 35th birthday

Saturday, October 18, 2015

• Waranowitz uses his linkedin page to clarify his affidavit.

October 29/30, 2015

• National Association of Attorneys General / Eastern Region Meeting

Friday, November 6, 2015

• Adnan granted permission to reopen the PCR.

• Decision by Judge Martin P. Welch. Motion granted is limited to:

• 1. Asia McClain’s January 13, 2015 affidavit, potential live testimony & relevant materials concerning Gutierrez’s failure to contact Asia.
• 2. Prosecutorial misconduct during the trial and during post-condviction proceedings
• 3. Gutierrez’s failure to cross examine Waranowitz on the reliability of cell towers used to locate the cell phone. (This is the issue that caused Welch to grant Adnan a new trial. He rejected the other two.)

Friday, November 20, 2015

• Justin Brown and the State's Attorney's office deadline to schedule a hearing

Wednesday, December 2, 2015

• Judge Welch status conference with attorneys in advance of his December 15 decision.

Tuesday, December 15, 2015

• Judge Welch sets review and hearing dates

Tuesday, December 22, 2015

• Defense deadline to provide names of expert witnesses and areas of expertise.

Monday, December 28, 2015

• Hearing dates changed to Thursday, February 4 and Friday, February 5.

Wednesday, January 6, 2016

• Defense’s deadline to provide names of fact witnesses and related statements

• State’s deadline to provide names of expert witnesses and areas of expertise

• State's deadline to provide names of fact witnesses and related statements

Thursday, January 7, 2016

• Bilal arrested getting off a flight from Pakistan. Posted 50k bail.

Tuesday, January 12, 2016

• 9:30AM Status conference

Thursday, January 14, 2016

• One day has been added to the hearings; now scheduled for February 3, 4, and 5

Friday, January 15, 2016

• Court issues hearing schedule

Thursday, January 28, 2016

• Mr. B pleads not guilty to sexually assaulting a patient.

Tuesday, February 2, 2016

• Baltimore Sun

Wednesday, February 3, 2016

• Adnan outside court

• Post Conviction Hearing with Witnesses:

• Philip Dantes, colleague of Cristina Gutierrez, for the defense

• Kanwisher, colleague of Cristina Gutierrez, for the defense

• Asia McClain, for the defense

• Asia's notes taken during her conversation with Urick

• State reads statement from Lee Family

• Baltimore Sun

• Baltimore Sun Video

• Courtroom Sketches

Thursday, February 4, 2016

• 9:30AM: Post Conviction Proceedings

• Asia McClain

• Gerald Grant, for the defense

• Baltimore Sun Coverage

• Rabia Tweets Photo of Adnan

Friday, February 5, 2016

• 9:30AM: Post Conviction Hearing

• Sean Gordon, Defense team PI

• Michelle Hamiell, Librarian, for the defense? or State?

• Attorney David Irwin for the defense (his testimony is interrupted to allow for Fitzgerald's schedule)

• FBI Agent Chad Fitzgerald for the State

• State's Exhibit: 9-4-1999 Gutierrez notes alibi is urgent

• Baltimore Sun

Sunday, February 7, 2016

• Lee Family issues statement

• State of Maryland issues statement re; Lee Family statement. State has defense files.

• Baltimore Sun re: Lee Family Statement

Monday, February 8, 2016

• 9:30 AM Post conviction proceedings

• FBI Agent Chad Fitzgerald for the State

• Attorney David Irwin

• Woodlawn Public Library Security Guard (for the State)

• Security Guard 1/31/2016 Affidavit

• Security Guard 2/3/2016 Affidavit

• Ja'uan affidavit

• Baltimore Sun Reports

Tuesday, February 9, 2016

• 9:30 AM Post conviction Closings

• Waranowitz's second affidavit for the defense

• Ali P's Affidavit for the Defense (Missing.) Ali worked on Adnan's case with CG, Kali P, Rita, etc.

• State's Exhibit: Chris Flohr Notes

• Press:

• Justin Brown's Press Conference

• State's Press Conference

• Baltimore Sun

• Baltimore Sun Video

Wednesday, February 10, 2016

• Baltimore Sun Reports

• Waranowitz's statement on the Undisclosed podcast

Thursday, February 11, 2016

• Dan Rodrick's Podcast

Sunday, February 28, 2016

• Adnan has been in jail/prison for seventeen years

Monday, February 29, 2016

• Thiru writes Welch that he mistakenly lumped Millemann in with Colbert and Flohr.

Wednesday, March 2, 2016

• Asia is writing her book and looking for help with the discrepancies in her letters. Asia asks her classmate if she remembers a photo.

• Affiant version

• Asia's version

• Asia's former classmates respond. They recognize the picture but don't know what class it's from

• Asia responds back, prompting the classmates to agree that it is a photo of third period.

Saturday, March 5, 2016

• Gala event for Susan, Rabia, Colin and Bob to meet fans. Flohr and Colbert attend. Tickets are $125.00. To sit with Susan or Bob, you have to pay twice that.

• During the event Bob Ruff accuses Don. Attendees cheer and applaud.

Saturday, May 21, 2016

• Adnan's 35th Birthday

Friday, May 27, 2016

• Asia McClain's book on shelves at Barnes & Noble

Tuesday, June 14, 2016

• DiscoveryID episode on the murder of Hae Min Lee

• Incorrect, misleading and biased for innocence

Thursday, June 30, 2016

• Judge Welch grants Adnan a new trial citing failure to cross examine Waranowitz on cell tower evidence reliability.

• 59 Page Decision

• New York Times coverage

• Baltimore Sun Coverage

• ABC Baltimore coverage of defense press conference

Friday, July 1, 2016

• Hae's family reacts to Welch's decision

• Justin Fenton lays out the road ahead for Adnan

• Asia's Classmate sends a Facebook Message to Asia. She knows Asia is lying. And blocks her.

• Affiant's Version

• Asia's Version

• Asia reaches out to the classmate's sister for an explanation.

• The sister responds that they both know Asia is lying and are going to the State's Attorney.

Wednesday, July 6, 2016

• Adnan adds the legal firm of Hogan Lovells to his defense team

Thursday, July 7, 2016

• A classmate of Asia emails Thiru that Asia is lying.

• Second classmate (sister of first) sends email to Thiru that Asia is lying

Thursday, July 21, 2016

• State Files Request to Stay Post Conviction Relief

• Baltimore Sun

• https://twitter.com/justin_fenton/status/757665889009491968

Tuesday, August 2, 2016

• The State Asks for Leave to Appeal Welch's decision

• Addresses Aronowitz issue

• Asks for permission to appeal (leave to appeal).

• Two women, who are sisters, remember fighting with Asia in high school, after Asia said she would lie to help Adnan.

• Baltimore Sun

• The Court Grants The State's Request to Stay Post Conviction Relief

Wednesday, August 4, 2016

• Asia's Classmate signs affidavit saying Asia is lying.

• Second Classmate's affidavit. Asia is lying.

Thursday, August 11, 2016

• Justin Brown and Adnan's new attorneys ask for permission to cross appeal the alibi issue

Monday, August 22, 2016

• Baltimore Sun reports that the state has filed its brief in response to Adnan's potential cross appeal of the Asia decision.

• The state has two witnesses who say Asia is lying

• State's brief

• Attachments to State's brief

Next Steps

• Justin Brown has 15+30 days to respond to the State's Application for Leave to Appeal. Justin Brown's response due approximately mid to end of September.

• COSA will rule on the state's application at any time after receiving Justin Brown's response. COSA can rule on the application without hearing argument.

• If the application for leave is denied by COSA, the case would go back to the circuit court for a new trial.

• If the application for leave to appeal is granted, the State's appeal will go forward and be assigned to a three-judge panel.

• The parties will submit briefs and it will be scheduled for argument.

• Justin Brown can argue that the COSA should affirm Judge Welch's decision on the issue appealed by the State (IAC on cell records) AND he can argue that COSA should affirm because Judge Welch wrongly decided the IAC Asia issue and the Brady cell issue. He does not need to note a cross-appeal to do so. See Unger v. State, 427 Md. 383 (2012). He might note a cross-appeal anyway, however, just as a CYA move.

• After argument, the COSA can issue a reported or unreported decision at any time.

• Whoever loses before the COSA can file a petition for writ of certiorari with the COA within 30 days of the issuance of the COSA decision. The time to petition for cert can be delayed, however, if either party files a motion for reconsideration in the COSA. Those motions are almost never granted and usually just serve to give the losing party more time to prepare a cert petition (or to decide whether to file one at all).

• The COA will decide whether to grant or deny cert.

• If granted, the parties would brief the issues and the COA would hear argument.

• The COA issues its opinions by the end of each term, so there would be a set deadline for the issuance of that decision.