The state of Maryland is fighting the retrial and the case is now in the Maryland Court of Special Appeals. The state of Maryland is now fighting Syed's appeal claiming that a judge wrongly allowed new arguments over cellphone evidence.
Brown, in a statement Thursday, called the ruling "a setback", but said "we are focused on the bigger picture of getting back to court and proving his innocence".
Syed, whose case gained notoriety after becoming the subject of the popular "Serial" podcast, was convicted of murder in 2000 and sentenced to life in prison.
Brown has not yet been able to tell Syed the news, he says. He cited cell phone tower data in his ruling - specifically Syed's former attorney's "failure to cross-examine the state's cell tower expert about the reliability of cell tower location evidence" that was a centerpiece of the prosecution's case.
Last week, when I saw the news that Judge Martin P. Welch granted Adnan a new trial, I happened to be on Skype with our Executive Producer Julie Snyder, and both of us did exactly the same involuntary thing of sucking in our breath and then putting our hands over our mouths. The judge said he had taken the decision as there was a pending appeal from prosecutors, who rejected the decision to vacate his trial. "It could be tomorrow it could be four months", he says.
Adnan Syed, whose story and murder conviction was featured in the podcast Serial, was told by a Baltimore judge that his request to be released had been turned down.
But Welch denied his bail request, citing the seriousness of the crime, his popularity from the Serial podcast, and if he would be a danger to the community or flight risk. "In fact, he has been a model prisoner".