Court allows appeal for subject of 'Serial' podcast

The subject of the popular podcast Serial can appeal his murder conviction, a Maryland court has ruled.

The Maryland Court of Special Appeals approved Adnan Syed's application for leave of appeal on Friday. That application asks an appellate court to review a criminal case when no right to a direct appeal exists.

Syed argues his trial counsel was ineffective for not investigating a witness who could have provided him with an alibi and for failing to seek a plea offer.

Prosecutors said Syed's claim that he would have considered a plea offer is not credible. The state said Syed is raising new issues too late.

Syed was convicted by a jury in 2000 of strangling his ex-girlfriend, Hae Min Lee, in 1999. The two were students at a suburban Baltimore high school. Syed was found guilty of first-degree murder, robbery, kidnapping and false imprisonment.

The podcast Serial, which became a hit after debuting in October, raised questions about the investigation and trial. Podcast host Sarah Koenig said the trial "covered up a far more complicated story, which neither the jury nor the public got to hear."

Koenig said in a blog post Saturday that the grant by the court means the judges think the issues Syed is raising are worth considering. "That's a pretty big hurdle for any appellant to clear," she wrote.

If the court ends up siding with Syed, the judges could order a new trial, or they could say that the circuit court has to allow Syed to present new evidence.

But, Koenig added, that's probably not the last step because either side is likely to appeal whatever decision is made by the Court of Special Appeals, kicking everything up to Maryland's highest court, the Court of Appeals.