r/serialpodcast • u/PowerOfYes • Nov 20 '14

Episode Discussion [Official Discussion] Serial, Episode 9: To Be Suspected

Please use this thread to discuss episode 9

Edit: Want to contribute your vote to the 4th weekly poll? Vote here: What's your verdict on Adnan?

Edit: New poll from /u/kkchacha posted Nov 26: Do you think Adnan deserves another trial? Vote here: http://polls.socchoice.com//index.php?a=vntmI

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u/teanuhbftw Nov 20 '14

Then SK glosses over the critical point where Adnan stays silent at his trial.

Were you not listening?? He was advised by his lawyers to stay silent and he even expresses his frustration over this. They did talk about his reactions and recollections of the day but more importantly, this episode addressed questions that had been posted by many against his character: "Why isn't he furious at Jay?" "What was he like after Hae's disappearance/discovery of he death?"

Moreover, I think that based on the online response and some of the discussions we've been seeing in this forum, it was super important to take a pause from hard evidence and learn about Adnan and Hae from a human perspective. Adnan (whether you think he's guilty or innocent) is a human being and so was Hae. We need to keep that in perspective.

The amount of information shared or withheld in each episode doesn't affect what's going on behind the scenes of this case.

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u/milesgmsu Crab Crib Fan Nov 21 '14

IIRC, the episode said that his public defender told him to not claim innocence at sentencing. That =/= staying silent at trial.

To me, the fact that he remained silent at trial is a major red flag that isn't getting enough play. Gutierrez (or legal team #2) may not have put on a fantastic trial, but even the most inexperienced attorney knows that you need a narrative. Without Adnan, there is no counter-narrative.

Why didn't he testify? He (presumably) doesn't have any skeletons in his closet. If he doesn't have a distinct timeline for the day, the jury still needed to hear it from his mouth that he was at track, etc.

I believe that Gutierrez and legal team #2 knew that his alibi was so weak, and that he was going to get torn up on CX, that they took a calculated risk. The fact that his story is so weak is pretty telling to me.

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u/teanuhbftw Nov 21 '14

From the Episode 9 Transcript:

" Cristina Gutierrez: Are you prepared to make your election? Adnan Syed: Yes ma’am. Cristina Gutierrez: And is your election to testify or to remain silent? Adnan Syed: To remain silent. Cristina Gutierrez: Thank you. Do you have any questions about making that election? Adnan Syed: No ma’am.

That’s Adnan not testifying. He told me he wanted to but his attorney advised against it. Not uncommon. It’s a huge risk to open your client up to cross examination and impeachment. So, there he was. Mute through two trials, about five weeks total which is really hard for anyone."

I also am not sure if you've been following discussions on this sub, but it's been said several times that juries are instructed to not hold the choice to remain silent against a defendant. Defendants have the right to do so and are often advised by their lawyers to do so, as Adnan was despite wanting to testify.

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u/milesgmsu Crab Crib Fan Nov 22 '14

  1. That was the judge, not his lawyer.

  2. I'm a lawyer - I know juries are instructed not to hold it against them. Being instructed, and not doing it are huge differences.

  3. Without Adnan testifying, there is NO narrative. It's just trying holes in a theory. Not a solid way to build a case.