Serial, Episode 7: The Opposite of Prosecution by Hailey & Alana
In this episode of Serial, Sarah Koenig introduces the case of an 18-year-old highschooler accused of murder, Justin Wolfe. Wolfe’s case is eerily similar to Adnan’s, with the only significant difference being that Wolfe was originally sentenced to death rather than prison.
The lawyer on Justin Wolfe’s case, Deirdre Enright, was also introduced in this episode. She works on the Innocence Project at the University of Virginia School of Law. She has held lengthy discussion with Sarah K. regarding Adnan's case as well. More information on Enright can be found here, at her University of Virginia School of Law faculty page.
Working together, Koenig and Enright explained the doubts they felt when presented with the State’s case. Both women concluded that the case was flimsy at best. Deirdre was quick to bring up the potential influence of racial profiling in Adnan’s case, in addition to the fact that no one thoroughly investigated Hae's boyfriend, Don. Enright also points out that an innocent person is normally the least helpful person on a case since they do not know anything.
While investigating the case, a large amount of evidence regarding Hae’s murder was either considered unimportant or completely ignored. There was an entire physical evidence recovery kit (PERK) used on Hae’s body, but the only conclusive information produced was confirmation that the victim was not sexually assaulted. The PERK test can find almost anything and everything in terms of physical evidence.
A typical PERK includes the following:
Instructions for the medical examination, a procedural checklist, a report form, a patient consent form, a patient information form, tape for sealing evidence, a label for the outside container, one roll of wrapping material (such as cellophane tape), numerous paper envelopes for hair, saliva, blood, foreign materials, and other necessary samples, one orange stick for fingernail undersurface scraping, one blood vacuum tube, two standard-sized combs, a pre-sharpened pencil, three sets of prepackaged swabs (typically used when collecting vaginal, rectal, and oral smear samples), three frosted-end microscope slides, and three rectangular cardboard tubes.
According to Mario, one of Enright's students, the two fibers found near Hae’s body (a synthetic orange fiber near Hae’s head and a fluorescent blue fiber underneath her body) were not tested against enough samples to produce anything conclusive. A rope found nearby was also left untested, as it was said to not be a part of the actual crime scene.
The most prominent piece of evidence examined during this episode was a call made to Adnan's friend, Nisha, while Adnan was supposedly at track practice. Adnan does not have a clear explanation for this phone call, so he brushes it off as a butt-dial. It is one of many things that Adnan cannot completely explain, to which Koenig expressed mild annoyance.
While none of the evidence described in the episode is new information, Enright's perspective is very valuable when evaluating the circumstances of the case. Enright has assisted in solving many court cases containing some form of malpractice, so she is certainly experienced. Enright acknowledges the inconsistencies in Adnan's story, but she continues to believe that Adnan is innocent.
The most prominent piece of evidence examined during this episode was a call made to Adnan's friend, Nisha, while Adnan was supposedly at track practice. Adnan does not have a clear explanation for this phone call, so he brushes it off as a butt-dial. It is one of many things that Adnan cannot completely explain, to which Koenig expressed mild annoyance.
While none of the evidence described in the episode is new information, Enright's perspective is very valuable when evaluating the circumstances of the case. Enright has assisted in solving many court cases containing some form of malpractice, so she is certainly experienced. Enright acknowledges the inconsistencies in Adnan's story, but she continues to believe that Adnan is innocent.
Discussion Questions:
- Do you think Enright's worries about racial profiling are justified?
- Do you believe Adnan’s claim that he truly doesn’t know anything? Explain.
- If you had been an investigator on Hae’s case, what evidence would you have tested?
- Is there any evidence/suspect that you would have looked into more? If so, why?
1. I think Enright's worries about racial profiling are completely justified, as an enormous part of their case was the fact that Adnan was a "bad" muslim, and lied to his parents all of the time. Without racial profiling, he would not have gotten convicted.
ReplyDelete2. I do not believe Adnan's claim. I think that he is not completely innocent, but that he did not commit the crime either. Even if it was just through the grapevine, I think he must have known something.
3. I would have tested everything that was available to me. This is a huge case, with lots of jail time being on the line, and giving it to an innocent person would have been unforgivable in my book.
4. I would have looked into the fibers near her body; as fibers could have led to a shirt or other clothes, and led to a person. I would have also looked into the rope because the rope could have been used for anything, and it definitely should have been looked into.
1.) I believe that Dierdre's worries about racial profiling are justified, although not necessarily a major factor in this case. The neighborhood and type of people at the trial reduced the degree with which race played in the trial.
ReplyDelete2.) I do believe Adnans claim of not knowing anything is valid. If he truly is innocent, he would have no way of gaining this knowledge apart from the investigation and trial.
3.) I would have attempted to test the DNA evidence found if that were feasible, and I would have focused more on finding matches for all of the fibers found at the scene.
4.) I would have looked more into witness statements as only the key characters in this murder seemed to be pressured. There were numerous witnesses that seemed to be let off faulely easy after only a little bit.
Sorry, that was me...
Delete1. I do not think they’re justified. In this case you have the African American accusing the Muslim of killing the Asian girl. If there was profiling I honestly have no idea which direction it would go in.
ReplyDelete2. I do. I would qualify this by saying that he most likely didn’t know anything concrete, even if hemay have had suspicions.
3. Not knowing whether or not I would be prosecuting or defending, it would be hard to say. However, in considering the evidence, testimonies should be considered but only so far as they are supported or at least not contradicted by the material evidence. So I would have investigated the threads and stuff.
4. I would have looked more into the threads, and also Haes new boyfriend. Because to me it just seemed like they almost completely ignored him and that annoys me. I would also have looked further into Asia’s testimony. Also I dunno what technology looks like at this point but are security cameras a thing?
1. I think that Adnan's race definitely played a part in the case because they never looked closely at Hae's then current boyfriend Don (who was white). Because of that, I think Enright's worries about racial profiling were justified
ReplyDelete2. I honestly think Adnan is innocent and that is why he doesn't know anything. He doesn't remember anything about that specific day because nothing of importance happened to him that day.
3. I would have looked at Don's alibi (if there was any) more closely and I would have been more meticulous checking the bits of evidence collected at the crime scene (like the pieces of string).
4. As stated above, I would have looked more closely at Don. There doesn't seem to be much if any evidence regarding him in any way which looks suspicious.
1. I think there is a seriously good chance that racial profiling played a role in Adnan's conviction. There is always a chance even in society today that racism might unfairly sway a jury's opinion. However, the example of Justin Wolfe shows that racism against minorities is not always the cause of a seemingly unjust conviction.
ReplyDelete2. I believe Adnan's claim that he knows nothing. Enright said it best and convinced me that innocent people have nothing to add. If someone got murdered on one side of the school while I was on the other, and I was accused, I would have nothing to tell people about the murder.
3. If I were an investigator, I would have surely investigated the body further. More importantly I would have examined the ground and surroundings near the body. The rope seemed as if it might have been incredibly important, but we will never know due to the fact that it wasn't investigated.
4. As stated above, I would investigate the surroundings. We can never know what might have been discovered since they investigated nothing.
1. I don't think racial profiling had much to do with this case, especially considering how much of a train wreck the rest of the case was. It seems hasty to me to accuse the prosecution of being racist for not interviewing a witness when the rest of their case was equally terrible.
ReplyDelete2. I think that Adnan really doesn't know anything that would have relevance to the case. Much of his testimony seems to be based on what he most likely would have done in the situation, rather then memory. This indicates to me that he knows nothing or is lying.
3. If I was an inveatigator in Hae's case, the most important thing I would have done is actually had the evidence investigated. As Alana and Hailey pointed out, a lot simply wasn't tested, so that is what I would focus on. The PERK test and crime scene to me are the two things that I would focus on in particular, however.
4. I certainly agree that Don needed to be investigated more, or even the parents of the minors or young adults invlolved. Don in particular could have provided some excellent insight into the habits and daily life of Hae.
1. I do think that Enright's worries about racial profiling were justified because one of the reasons that they had for accusing Adnan was his race. They believed that since he was Muslim, he should not have been breaking rules, and since he was, he was a bad kid. I also think that since it was the year 1999, racial profiling was a thing. While it may not have been a major issue in this case, I still believe it existed.
ReplyDelete2. I do believe Adnan's claim that he does not know anything because Enright explains that he sounds exactly like all of the other innocent people who were convicted of crimes. Although there is no way to know for sure, I believe him because if he were innocent, he truly would not know what happened the day she was murdered and he would not have explanations for things because he would have no reason to remember. If he was guilty, he would have thought about these things and have had time to come up with excuses.
3. I would have tried to test her body and surroundings more for more DNA. I also would have interviewed more people from the high school and track team to find out everyone that last saw Hae and all of the people who saw Adnan at track. There were more witnesses or people around for this case, but they simply were not questioned.
4. I would have talked to Adnan's teammate, Will, from track. I would have asked him if Adnan had been late to practice that day and what he remembers. I also would have tried to find more security footage, and I would have checked to make sure that Best Buy was the true location of the crime. Considering that Jay had already lied about it, I would have checked about the payphone situation, and possibly asked employees who worked there.
1. I definitely feel that one of the reasons the police honed in on Adnan was because he was not white. We have discussed this before and racial profiling has always been a problem, and I feel strongly that if he was white the police would have moved on. Because of this, I agree with Enright.
ReplyDelete2. I do believe that Adnan truly doesn't know anything. This is because he does not really explain what happened that day very well, which makes more sense if it was not an important day for him than if he actually murdered Hae.
3. I would have fully tested the PERK test, as well as the fibers and rope found near/on Hae's body. Investigating Adnan's gloves and the disposed tools would have also been a priority. For "witnesses" I would have asked Will for track information and Aisha about the Library.
4. As stated in 3, I would have looked into the PERK more. I also would have asked Chris for his story, and compare all of Jay's different versions in much better detail.
1) Quite possibly. Based on data that has been collected from many sources in many places there is a clear trend that men of color are deemed guilty more often and get harsher sentences than white men. Based on the lack of conclusive evidence in this case and the fact that Enright, a professional in this area, feels that it did makes me believe that it probably did play a roll in this case. However even if it did play a roll I feel that it is no the only reason.
ReplyDelete2) Yes, I beleive that Adnan knows nothing about this case. I believe that Adnan is innocent and as Enright points out, innocent people often know nothing. He might have forgotten things over the years but I do not believe that any of that information would have incriminated him.
3) I would have had the lab techs test as much as I could get them to. The fibers in the surrounding area and things such as the bottles that were mentioned in the previous episodes. I would hope to find DNA evidence that would help point my case to a specific person.
4) I would have looked at all of the evidence mentioned in 3 and look into Dawn. If would look into Dawn as he was the boyfriend of Hae and the boyfriends are often involved in cases like this. I would spend a lot of time looking at him since there seems to be little to no evidence that he has been looked into deeply.
1. I believe that the reason for the police sort of targeting Adnan in the case was definitely influenced by race. There are many cases today that sort of prove this, on top of the fact that there was in no way enough credible information to imprison Adnan and none of the other information was looked in to.
ReplyDelete2. I believe that Adnan does not know anything. There are many cues if a person is lying in their speech alone and Adnan displays none of them. There is also the fact that Adnan does not remember the day at all means that nothing notable happened during that day.
3. The only necessary evidence would be cause of death and researching the surrounding area for possible items used for the crime. I would have had the investigator fully test the body in every way and had a full investigation of the crime scene and the full park as if the body was being dragged through the forest something may have come off from one of the suspects, providing leads in the case.
4. Chris' story needed more investigation for possible contradictions and other data, and the PERK test needed to be fully completed to find all possible evidence rather than only finding Hae wasn't sexually assaulted.
1. Do you think Enright's worries about racial profiling are justified?
ReplyDeleteI think they were justifiable because a big part of the prosecution was his family dynamic and culture. Along those lines, I think the jury probably viewed him as a “bad” muslim for going against his parents and eventually murdering Hae because that was the person they thought of him as.
2. Do you believe Adnan’s claim that he truly doesn’t know anything? Explain.
I believe Adnan’s claim that he doesn’t know anything. Since Adnan did not go up as a witness for his own case, it is obvious how he did not know anything. If he had done it, then he would have gone up with a complete different story to take the blame away from himself. Instead, he stayed quiet because all of his responses in a cross examination would have been “Probably” or “Maybe” which would seem worse for his case.
3. If you had been an investigator on Hae’s case, what evidence would you have tested?
I would have done a more thorough analysis of Hae’s body and her surroundings. In one of the podcasts, Koenig said they found objects near Hae that had not been tested. Also the fibers found on Hae might have been useful to prove Adnan’s innocence.
4. Is there any evidence/suspect that you would have looked into more? If so, why?
Similar to my answer in 3, I would want more evidence to why the prosecution and Jay that Adnan did it. Most of their case is based on their confidence of Jay’s story, not the a PERK test or anything DNA related. Also the fact that Chris’ story is so different from Jay’s should have been a red flag for further investigation on Jay’s credibility.
Do you think Enright's worries about racial profiling are justified?
ReplyDeleteI think that there may have been a bit of racial profiling, however, I don't think that was what led to the decision. The large anti-muslim sentiment didn't fully occur until after the events of 9/11.
Do you believe Adnan’s claim that he truly doesn’t know anything? Explain.
I believe Adnan. If someone is guilty, they have trouble recalling what it is they supposedly did wrong. He had trouble recalling the events of that time because it was just another day to him.
If you had been an investigator on Hae’s case, what evidence would you have tested?
I would have looked into Asia, and some of Adnan's friends from track. In a case with such little conclusive evidence, it's all the more important to get eye-witness testimonies.
Is there any evidence/suspect that you would have looked into more? If so, why?
I think Jay really should have been looked into more. He has acted suspicious right from the get-go. An innocent man wouldn't have made sure to wash all of his clothes directly after a murder if he wasn't the one who perpetrated it.
1. I think that racial profiling was part of Adnan’s case. His Muslim faith was the basis of the prosecution’s case. The prosecution relied on him being troubled over his faith and how Hae made him betray his faith to provide a motive. However, given the demographics of the jury and location of the trial, racial profiling was probably not a huge factor. I also think that if the trial had happened in modern day, then racial profiling would have been worse due to the rise of Islamophobia in recent years.
ReplyDelete2. I believe that Adnan is telling the truth, because I believe that he is innocent. If he is innocent, then it is logical to assume that the day of the murder would not have stuck in his mind. However, if he was guilty, then I think it would be difficult for him to seem so nonchalant or he would at least give some explanation for where he was that day instead of acting so unsure.
3. If I was an investigator on Hae’s case then I would definitely have tested the fibers on the ground around her. I would have tested the fibers to see if they matched anything that Adnan had. Additionally, I would have tested the rope that was on the group next to her to see if there was anything like fingerprints or evidence. I think that it was a massive oversight that they did not test the evidence that was presented to them.
4. I know that this choice may seem obvious, but I definitely would have looked into Jay more. I think that he is extremely suspicious especially because he could guide them to the car. Koenig has definitely established that Adnan had no real motive to do it, so Jay incriminating Adnan seems suspicious. I also would have looked into Adnan more so that he could be clear of suspicion. I think that if the investigators had looked at Adnan and his background a little more then they would have realized that he was not guilty. Also, I think that the investigators should have talked to Asia McClain who could have cleared Adnan’s name and provided an alibi for him.
Do you think Enright's worries about racial profiling are justified?
ReplyDeleteI think her worries are somewhat justified. The prosecution used his religion to present him as a "bad Muslim" so in that way his race played into the case. However, I do not think the jury was racist and out to get him because of his race.
Do you believe Adnan’s claim that he truly doesn’t know anything? Explain.'
I do not know whether he is guilty or not but I am pretty sure he knows more than nothing about the murder. He had close relationship with the victim and any other possible killers. He was also around at the time of the event and its aftermath. However it is completely possible that he knows absolutley nothing and because of that it is really hard to defend his case because he has nothing to say.
If you had been an investigator on Hae’s case, what evidence would you have tested?
If I was an investigator on the case I would have absolutely tested the body more using forensics as well as the surrounding area as well as Hae's car. Clothing strands and DNA evidence could very much prove or disprove any suspects.
Is there any evidence/suspect that you would have looked into more? If so, why?
I would have looked into the evidence detailed above more for sure. As for suspects I would have questioned Jay more and look at him as more than just an informer and helper to Adnan. The janitor streaker guy was also pretty sketchy and he seemed to know a lot more than a man just trying to go to the bathroom should.
1) Yes I think that the worries concerning racial profiling are valid as even though 9/11 had yet to happen, the racial slander to Muslims still existed and in Adnan's case, this could have influenced both the judge and they Jury.
ReplyDelete2) I think that Adnan may know a little more than he is putting out, but in fear of that incriminating him further, he is keeping quiet. But I do believe that he doesn't know everything.
3) I would have tested more of the phone records and done more DNA testing on the bottle of alcohol found near the body.
4) I am not close enough to the case to asnwer this question. Even with everything that I know about the case from Serial, I do not have the advantage of meeting the suspects in person or seeing the case file. So as far as new evidence or suspects, I wouldn't be able to give a reasonable answer.