Samantha Bae

Samantha Bee, who really is just marvelous at pinpointing what we’re all thinking about this election, took Donald Trump to task over his claims of “partial birth abortions” at the last debate. But partial birth abortions, as Bee points out, aren’t actually a thing–in fact the question by Chris Wallace, the moderator, wasn’t even accurate in the first place. Only a tiny percentage–under 2 percent of abortions–are after 21 weeks. And they’re overwhelmingly for medical reasons, like because the woman’s life is at risk. Watch Bee’s takedown of Wallace and Trump here:

Also, kudos to Bee for our favorite nickname for Trump yet: a “dick-waving Berlusconi knock-off.”

Rant Crush

RantCrush collects the top trending topics in the law and policy world each day just for you.

The post RantCrush Top 5: October 25, 2016 appeared first on Law Street.

The 2014 podcast that captivated millions of listeners now gets its real life sequel–Adnan Syed from “Serial” has been granted a new trial after 16 years in prison. The judge in the case, Martin Welch, vacated the murder conviction on Thursday.

Adnan Syed, now 36, became a famous name when the podcast “Serial” aired two years ago. The podcast told the story of his conviction in the murder of his high school girlfriend Hae Min Lee. Prosecutors claimed he strangled and buried Lee in a park in Baltimore. Listeners were divided over whether he was guilty or not, and the journalist Sarah Koenig set out to find out the truth.

The main evidence that led to Syed’s conviction in 2000 was information from cell towers that showed where he was (or rather where his phone was) at the time of the murder. However, many people have questioned the reliability of that information. Syed’s former attorney Christina Gutierrez, who passed away in 2004, failed to cross-examine the state’s cell tower expert.

She also failed to contact and question an important witness who claimed she had been with Adnan Syed in the school library at the time of Lee’s murder. Asia McClain, the witness, recently gave birth to a baby and told ABC that she was shocked but excited to hear the news. This was her reaction on Twitter:

Wow…I'm speechless. New Baby, New Trial

— Asia McClain Chapman (@AsiaRChapman) June 30, 2016

As a result of the podcast’s success–millions of listeners tuned in, easily breaking previous podcast subscription records–and interviews with McClain, the case received new attention. Syed’s new attorney Justin Brown tried to get a new trial in place because of the potential alibi McClain’s testimony could provide. Judge Welch denied the trial request, but vacated the sentence because of the cell tower issue.

Syed’s friend Rabia Chaudry was the first to bring his case to Koenig’s attention.

People keep asking, no one has spoken to him. He did not have phone privileges yesterday! We expect him to call us today.#AdnanSyed

— rabia chaudry (@rabiasquared) July 1, 2016

Brown was happy about the news and said he will look into the possibilities for bail. But as of now, the conviction is gone. He told Washington Post:

“Think of it as the conviction is erased. It’s gone. So if the state were to retry him, essentially, we would be starting from scratch. The whole trial could potentially start again.”

Check out this clip from a press conference with Brown:

@CJBrownLaw shares more information about #AdnanSyed being granted a new trial during press conference!https://t.co/zs6uejEBEQ

— Undisclosed Podcast (@Undisclosedpod) June 30, 2016

Lee’s family has not spoken publicly about the case, but released a statement in February during a new hearing of Syed, reports the Baltimore Sun.

“It remains hard to see so many run to defend someone who committed a horrible crime, who destroyed our family, who refuses to accept responsibility, when so few are willing to speak up for Have,” the statement read.

People are still divided over Syed’s guilt in the killing of Lee. But the question remains—if he didn’t do it, then who did?

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Adnan Syed of “Serial” Fame Granted Another Trial appeared first on Law Street.

This week “American Crime Story: The People v. O.J. Simpson” finally premiered and it was everything you’d expect. There was Lifetime-esque drama, fabulous 90s outfits, and a glimpse at the Kardashian sisters we all know and love before they were transformed by reality fame.

For many young millennials this series will be the first time they experience the infamous murder case that captivated older generations, but this dramatized docuseries isn’t the only way to get your true crime fix this winter. Keep reading to discover some of the best true crime series out now, and why we’re watching each case:

For the Drama Obsessed: “The People vs. O.J. Simpson”

Before we move on in this list, let’s talk a little bit more about why you should set your DVRs to record FX’s “The People vs. O.J. Simpson” this winter.

The story itself is simple. A famous football quarterback is tried for killing his ex-wife and a waiter, and is acquitted, only to later be found liable in a civil case. However, the themes of the television show are what make it a standout success. Audiences will be mesmerized by how the intersections of fame, money, privilege, and race end up shaping the outcome of the case.

And if that wasn’t enough to convince you, the all-star cast surely will. Cuba Gooding Jr. proves that not only can he embody Dr. Ben Carson, but he makes for a pretty good O.J. too. There are also amazing performances from Sarah Paulson, who plays feminist prosecutor Marcia Clark, and David Schwimmer, as the late Robert Kardashian.

For the Conspiracy Theorist: “Making A Murderer”

We couldn’t make a true crime list without mentioning the Netflix cult favorite “Making a Murderer.” The Stephen Avery docuseries first premiered in December, and it didn’t take long before everyone was binge-watching it.

Avery was released from prison in 2003 after serving 18 years for a wrongful sexual assault conviction. Then in 2005 he sued the sheriff’s department and district attorney of Manitowoc County for damages. But right in the middle of depositions for the civil suit, Avery was arrested for the murder of a Wisconsin photographer named Teresa Halbach.

Sounds suspicious right?

Well prepare to keep picking your mouth up off the floor when watching this Netflix original, because the details of this case are jaw-dropping. What makes this series so spellbinding is that there’s no shortage of conspiracy theories as to who the actual killer maybe. Some people are dead set on believing that it was the police, and others are convinced it really was Avery. Watch for yourself and be the judge.

For the Podcast Virgin: “Serial”

Even if you hate podcasts, I promise you’ll love this one. Sarah Koenig’s “This American Life” spinoff “Serial” has revolutionized the defunct medium by addicting audiences to the 1999 murder of the Hae Min Lee.

After the 18-year-old Baltimore high school student’s strangled body was found, police were tipped off that her ex-boyfriend Adnan Syed was the killer. Syed was eventually convicted of first degree murder and is currently serving a 30-year prison sentence for her murder, however, to this day he still swears he’s innocent.

Syed’s lawyers are currently petitioning the court for a re-trial due based on the testimony of an alibi witness who was never called and who can place Syed in a library at the supposed time of the murder. It’s unclear what effect this new development will have, but in the meantime listen to “Serial” to learn more about Syed’s case.

For the Finale Lover: “The Jinx: The Life and Deaths of Robert Durst”

HBO’s documentary miniseries about accused murderer Robert Durst stands out on this list, because it has the finale that everyone is talking about.

Without spoiling the whole series, I can tell you that “The Jinx” investigates the suspicious unsolved 1982 disappearance of Durst’s wife Kathie, the 2000 killing of writer Susan Berman, and the 2001 death and of Durst’s neighbor Morris Black. All fingers pointed to Durst as the would-be killer, but the real estate heir remained a free man. Then, a day before the series finale was set to air, Durst was arrested on first-degree murder charges.

I call that one hell of an ending.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Are You an “American Crime Story” Fan? Check out Other Ways to Get your Fix appeared first on Law Street.

Have you ever made a mistake that affected people at work? I’m willing to bet that you have. I have–I used to work in the Chemistry stockroom at a major university–I think that’s all I need to say. In some lines of work, meteorology, for example, mistakes are part of the day to day, and people don’t say much when something is flubbed a little bit. On the other hand, there are careers where mistakes cost lives–like surgery. Watch “Grey’s Anatomy” and you’ll know that, fiction aside, mistakes happen there, too. It’s rare, though, that a mistake at work will cause public ridicule.

Unless your job is hosting the Miss Universe pageant, I suppose.

The internet has been having a field day with the fact that Steve Harvey, the host of “Family Feud” and this year’s Miss Universe pageant, announced the wrong winner at the conclusion of the 2015 pageant that took place on  December 20 in Las Vegas. He awkwardly apologized on live television while last year’s Miss Universe took the crown and sash off of one stunned young woman, Miss Colombia, and then put it on another: Miss Philippines.

Entertainment Tonight has covered much of the aftermath, revealing that Steve Harvey is likely to continue hosting Miss Universe for several years, as stated in the contract that he signed just days before this year’s pageant. It’s also been revealed how he made his mistake–he didn’t rehearse who had won. He read the name off the cue card and then kept reading, seeing that his revealed winner was actually the first runner up. Harvey has reportedly apologized to both contestants. ET also revealed that Miss Colombia, Ariadna Gutierrez, has accepted her “destiny,” as she calls it, and loves that the entire world is talking about her country. She then took the high road and congratulated the new Miss Universe, Pia Alonzo Wurtzbach from the Philippines.

That’s all well and good, but let’s take a step back and think about this in a different way–the power our mistakes have to stay with us.

For example, many of you listened to the first season of the sensationally popular podcast, “Serial,” I’m sure. There were many aspects of the story that host Sarah Koenig explored, but one of the most cut and dry seemed to be this–Adnan Syed’s original attorney, Cristina Gutierrez (no relation to Miss Columbia), allegedly messed up his case. Her “flub” (if we can call it that) was one of those that changed someone’s life. Rather than taking a crown and year of publicity and appearances away from someone, her mistakes took away someone’s freedom (maybe–one can never be sure, but other lawyers have been outspoken in the fact that, had Syed’s case been presented properly, he would have never been convicted in the first place). The unfortunate aspect of this part of the “Serial” story is that Gutierrez died in 2004, so she can neither explain what was going on in her head at the time nor apologize to Syed, his family, or Hae Min Lee’s (the victim’s) family.

And, like in the case of Steve Harvey, the internet (and other podcasters) are giving her a really hard time. In fact, her son has even made a statement to a reporter at the Baltimore Sun defending his mother and her actions because of all of the attention “Serial” pointed at his mother. But the internet is unforgiving, in both the cases of Cristina Gutierrez and Steve Harvey.

It begs the question—can mistakes ever be forgotten online, or will they always haunt us?

Well,  it certainly seems that the memes and videos surrounding Steve Harvey are here to stay. Poor Cristina Gutierrez—whether or not she flubbed Syed’s case, nothing can be changed now. Even if he successfully wins his appeal, he still lost at least 16 of his best years to a life sentence in a Baltimore prison. Now that “Serial” has brought her seemingly small murder case to the big time, her name will most likely be forever be tarnished in the internet’s eyes. These two examples show us that, while the internet may forgive (such as in the publishing of the apologies released by Harvey), it never forgets. Sure, Steve Harvey is a celebrity; but Cristina Gutierrez was not. She was a regular person who was thrust into the spotlight after her untimely death in a way that would likely embarrass her if she was alive to see it. It’s a good example to everyone else—watch what you say and do. In the age of the internet, you seemingly can’t take it back.

Amanda Gernentz Hanson

Amanda Gernentz Hanson is a Minnesota native living in Austin, Texas. She holds a Bachelor’s degree in Chemistry from Hope College and a Master’s degree in Technical Communication from Minnesota State University, where her final project discussed intellectual property issues in freelancing and blogging. Amanda is an instructional designer full time, a freelance writer part time, and a nerd always. Contact Amanda at staff@LawStreetMedia.com.

The post Steve Harvey, Miss Universe, and Mistakes in the Internet Age appeared first on Law Street.

Last year, the podcast “Serial” by Sarah Koenig captivated the country. Since the end of the first season, it was made explicit that a second season was in the works. Now, rumor and speculation have it that the second season will focus on the infamous case of Bowe Bergdahl, a solider who was accused of desertion in Afghanistan and brought home in a high-profile prisoner swap. Bergdahl is now on trial for his supposed crimes–and apparently “Serial” is right there with him.

This rumor about Bergdahl comes from a Maxim piece that attributes the news to anonymous sources. The piece stated:

Last week, a preliminary hearing for Bergdahl’s case was held at Fort Sam Houston in San Antonio, Texas, to determine if the former POW will be tried in a court-martial. According to someone present at the hearing, Serial host Sarah Koenig and at least one of the show’s producers were in spotted in the courtroom.

Also present was screenwriter Mark Boal, who wrote Zero Dark Thirty. Boal’s company, Page 1 Productions, has apparently been working on bringing Bergdahl’s story to the big screen ever since his release, and several anonymous sources familiar with the production tell Maxim that Boal has provided the Serial team with research material, including taped interviews with Bergdahl.

The piece mentioned that “Serial” had reportedly spoken to former members of Bergdahl’s unit as well.

Given these pieces of information–as juicy and gossipy as they may be–it seems pretty clear that “Serial” season 2 will focus on Bergdahl. But that makes for an interesting juxtaposition. The first season focused on case that, save those who have an excellent memory and resided in the greater Baltimore area in the late ’90s, no one really knew about. There was plenty of local media coverage, but prior to “Serial,” the names Adnan Syed and Hae Min Lee were cloaked in a reasonable level of anonymity.

On the other hand, Bowe Bergdahl’s story made national and international news when he was brought back to the United States last summer. Bergdahl maintains that he was captured and held hostage by the Taliban, but some of his fellow soldiers claim that he walked away deliberately. His trial will explore who is telling the truth; if found guilty Bergdahl could be looking at a life sentence.

It will be interesting to see if the differences between the two cases affect the production and reception of the podcast. While many “Serial” listeners quickly developed their own theories about Syed’s guilt or innocence, for the most part the only information they had was disseminated through Koenig and the show. But in Bergdahl’s case, many will have already made up their minds, given the level of coverage it has already received. One thing is for sure, however: if it’s anything like “Serial” season 1, it will certainly keep listeners enthralled.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Rumor Has It: Second Season of Serial Will Focus on Bowe Bergdahl’s Case appeared first on Law Street.

The podcast “Serial” took the world by storm this fall. Never had a podcast been so talked about, so obsessed over, or raised such fascinating questions about a 15-year-old murder conviction. The case involved a young man named Adnan Syed who was convicted of murdering his ex-girlfriend. Although he was convicted a decade and a half ago, Syed’s case will now be heard again in court.

For those of you who missed “Serial,” here are the CliffNotes. Don’t worry, I’ll stay away from too many spoilers. Essentially, in 1999, a Baltimore high school senior named Hae Min Lee went missing and was later found dead. After a police investigation, Syed, her ex-boyfriend who was also a high school senior, was found guilty of her murder.

Fast forward almost 15 years to present day. Journalist Sarah Koenig was approached by Syed’s friends with concerns about the way his case was handled, and all the inconsistencies in the evidence that was brought up in court. Koenig was intrigued, and started looking into the case. She ended up producing a podcast–a journalistic enterprise–exploring the facts of the case.

A Maryland court just ruled that it will hear arguments on Syed’s case, mostly based on the fact that his lawyer, Christina Guttierez, may not have done her job effectively. Syed and his lawyers are arguing that Guttierez didn’t follow up with a possible alibi witness whom Koenig spoke to in the “Serial” podcast. They also argue that Guttierez failed Syed by not exploring the possibility of a plea deal when she was given the option. Given that Guttierez has since died of a heart attack, it’s unclear why she made those choices. They could have been incompetence, like Syed’s attorneys are arguing, or they could have been a strategic move.

After a few different attempts at an appeal failed since Syed was convicted, this most recent appeal was brought to the Maryland Special Court of Appeals. It’s important to note that Syed hasn’t actually been granted an appeal–this is just a small step toward that. Basically, the Maryland Special Court of Appeals has agreed to listen to what Syed and the state have to say, and then decide whether or not to order a new trial, or send it back to the Circuit Court.

Koenig posted about the development on the “Serial” website, saying:

In Episode 10 of the podcast, I reported that this appeal was alive by a thread. Now, I’d say it’s more of a … well-made string, maybe. Like the nylon kind. Because it means that the Court of Special Appeals judges think the issues Adnan raised in his brief are worth considering. That’s a pretty big hurdle for any appellant to clear.

Whether or not Syed will actually end up getting a new trial is very uncertain at this point. That being said, it’s a case that touched a lot of people, or at the very least opened the doors to some unsettling realities of our justice system. I’m sure all “Serial” fans will be anxiously awaiting the next news in this saga.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Subject of Serial Podcast Gets Appeal Opportunity appeared first on Law Street.

It’s still the holiday season, and during this time of the year it’s easy to forget to check the news. Luckily, Law Street has you covered with this week’s edition of “In Case You Missed It.” Our top story last week covered the ongoing legal battle between Colorado, Nebraska, and Oklahoma over Colorado’s legalization of recreational marijuana, written by Anneliese Mahoney. Our number two post, by Lexine DeLuc,a should help any Serial fans out there with their withdrawals–it’s a great collection of parodies inspired by the hit podcast. Finally, rounding out the list was a story from blogger Katherine Fabian on how to spot fake handbags during your holiday gift shopping. ICYMI: Check out what you missed on Law Street last week.

#1 Nebraska and Oklahoma Sue Colorado Over Marijuana Legalization

Colorado voted to legalize recreational marijuana in 2012, and officially started selling it in the beginning of this year. Now, almost a year later, Colorado is experiencing some backlash for its choice to legalize. Two of Colorado’s neighbors–Nebraska and Oklahoma–are suing the state because of the impact of legal marijuana within their borders. Read the full article here.

#2 Five Parodies to Get You Through Serial Withdrawal

Serial‘s first season has ended and if you’re feeling a little separation anxiety, here are the top five parodies to help fill that void. The list includes selections from Saturday Night Live, Funny or Die, SubmissionsOnlyTV, and even a few parodies with multiple episodes. Read the full article here.

#3 Holiday Gift Guide: How to Authenticate a Designer Handbag

It’s almost 2015 and there is now a plethora of consignment sites to get your second-hand designer goods. But as great as sites like Ebay, Amazon, and the new Alibaba are, sometimes sellers aren’t always honest when they claim their items are authentic. So to make sure that you don’t get duped (like my poor brother did when he ordered those fake Nikes from China) I’ve put together a handy guide on how to spot a fake. Read the full article here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Serial‘s first season has ended and if you’re feeling a little separation anxiety, here are the top five parodies to help fill that void.

1. SNL

Saturday Night Live’s holiday themed parody is spot on. Cecily Strong’s Sarah Koenig impression is amazingly accurate, and this one is even holiday themed!

 2. Funny or Die

Funny or Die created this hilarious parody in anticipation of the last episode of Serial–when seemingly no one, not even Sarah Koenig, knew exactly what was going to happen.

3. Paul Laudiero (series)

While this is only an audio parody, Paul Laudiero’s Serial inspired look into a Best Buy employee makes you feel like you’re actually listening to the real thing.

4. SubmissionsOnlyTV

This video version of Serial has a fake Sarah Koenig looking into a straightforward murder case–or was it so straightforward? There’s just no way to know.

5. Kyle Scheele (series)

This Serial parody is all about a mystery involving a different use of the word–breakfast cereal!

Enjoy!

Lexine DeLuca

Lexine DeLuca is the Marketing & Design Assistant at Law Street Media. Contact Lexine at ldeluca@LawStreetMedia.com.

The post Five Parodies to Get You Through Serial Withdrawal appeared first on Law Street.

Major spoiler alert: this post is all about the Serial podcast finale. If you have not yet listened to Serial, go download it now, find a nice quiet place, and come back in approximately 12 hours.

All good to go?

Alright, so now that you’ve caught up on Serial, you know what happened in the finale that aired yesterday. It was pretty apparent that some people were upset with the way that the national phenomenon ended. I understand why–there wasn’t really an ending. Not in a classic sense, at least. Not in a way that we’ve been conditioned to believe there needs to be. We still don’t know who killed Hae Min Lee. We still don’t know whether or not Adnan Syed is guilty. We still don’t know that much at all.

America’s love affair with crime procedurals has a long history. Turn on the TV right now and you have a veritable slew from which to choose. Want to see a case go through the justice system from beginning to end? Check out “Law and Order.” Want to see unique cases regarding the Navy and the Marine Corps? Well, there’s “NCIS.” Are a genius forensic anthropologist and her hunky FBI partner more up your ally? I’d recommend “Bones.”

What do all of these shows have in common? At the end, with very exceptions, the bad guy gets caught. There may be conflicting evidence or different theories along the journey, but at the end of the episode the person who committed the crime ends up paying the price.

That’s fun when it comes to TV shows, but it is directly contrary to how things work in real life. Serial proves that.

Sarah Koenig went through the entire case of Adnan Syed piece by meticulous piece, and she still doesn’t have the answer. She put in way more time than the detectives on the case–not that I’m blaming them for that, it’s just the nature of two different professions. She put in way more time than the scientists and cops on my favorite procedurals who find one fingerprint and have their “Aha” moments. She literally took this thing apart with a fine-toothed comb, and she still wasn’t completely certain about what had happened to Hae on that fateful day in 1999.

Some people in the Twitterverse were upset not that there was no answer to who murdered Hae, but rather that the podcast was ending when it did. They were upset that Koenig didn’t continue digging. Again, I’m not, because that’s life. Answers are not guaranteed, and not everyone has the luxury of taking forever to find them. There are plenty of people who will never get their answers–parents who have lost their children, people who have lost their significant others, and innocent prisoners who were convicted for reasons they may never understand.

Those people may never get their answers. So why should we, fans of this podcast, get ours?

I would love to know who killed Hae Min Lee. I, like everyone else who got a little obsessed with this podcast, have my theories. But I think at the end of the day, what Koenig and her team accomplished wasn’t just a masterfully told story, but a living embodiment of the questions that our justice system has to deal with every single day. It’s easy to forget that, when you can just turn on the TV and see Agent Gibbs or Sergeant Benson or Agent Booth get the bad guy. Let Serial serve as a reminder that it’s almost never that simple.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Serial’s Ending Was Perfect: Here’s Why appeared first on Law Street.

Is it Thursday yet? #Serial

— Frank Lantz (@flantz) October 22, 2014

You’ve probably come across a tweet like the above on your timeline recently.  You click on that hashtag and fall down a rabbit hole. For the uninitiated, Serial is a podcast from the producers of This American Life that takes one true story and methodically unpacks it, week after week, immersing the listener and letting us in on narrator Sarah Koenig’s inner reflections, doubts, and evolving theories. It has brought about the phenomenon of mass binge-listening that, as the Wall Street Journal noted, harkens back to “the golden age of radio.”

In the first season that started in October, Serial delves into the 1999 murder of a Baltimore high-school student, Hae Min Lee, and the conviction of her ex-boyfriend, Adnan Syed, a seemingly exemplary student-athlete, for first degree murder. In episode one we learn that Syed’s conviction rests almost entirely on the (inconsistent) testimony of a friend named Jay, who pled guilty to an accessory charge for helping Syed bury the body. In interviews with Koenig 14 years after his conviction, Syed maintains his innocence and emphatically defends this position pointing to the prosecution’s lack of physical evidence tying him to the murder.  As each episode peels back a layer and reveals more, your conscience is yanked between disbelief that Adnan is capable of such a crime and the realization that he may, in fact, be guilty.

While this tension drives compelling “true crime” stories, the success of Serial is equally attributable to the fact that it challenges our understanding of how the justice system works. There’s a moment in episode eight of Serial where Koenig asks a former D.C. homicide detective, Jim Trainum, why detectives seemed to dismiss the inconsistencies in Jay’s testimony. Trainum says, “You don’t want to do something if it’s going to go against your theory of the case.” He tells Koenig, who is now incredulous and wondering where the truth fits in, “Rather than trying to get to the truth, what you’re trying to do is build your case and make it the strongest case possible.”

Ignoring inconsistencies when a witness’ story jibes with law enforcement’s theory of the case is what’s known as a ‘verification bias.’ The question then becomes how much of that bias is informed by stereotypes? Syed is a Muslim-American of Pakistani descent and the prosecution’s theory invoked his religious upbringing to suggest that he was torn between two worlds, and that he could be “possessive” and “controlling.” To a jury, the narrative that emerged may have resonated with stereotypes it had about Muslim men being controlling, and tipped the scale in favor of erasing any reasonable doubt of his guilt. In episode seven, Deirdre Enright, a lawyer with the Innocence Project, echoes this concern and her team notes several pieces of evidence found at the scene of the crime that were not subjected to forensic analysis.

At Syed’s sentencing on June 6, 2000, the Baltimore Sun reported that Baltimore Circuit Court Judge Wanda K. Heard, acknowledging Syed’s charisma and popularity, said: “You used that to manipulate people. Even today, I think you continue to manipulate even those who love you.”  Serial may never confirm Judge Heard’s intuition but it does make one thing profoundly clear: our need to make sense of a senseless tragedy can cause us to manipulate facts along the way, turning the quest for justice into a mirror that, in the best case, reflects a distorted version of the truth which validates our own prejudices.

Kesav Wable

Kesav Wable is an attorney practicing in New York, as well as an accomplished actor and writer. His short film For Flow, an HBO American Black Film Finalist in 2011, was broadcast on HBO/Cinemax, and he continues to develop scripts for the stage and screen. Contact Kesav at staff@LawStreetMedia.com.

The post Your Brain on Serial appeared first on Law Street.