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Serial

Serial S01 - Ep. 12: What We Know

18 Dec 2014

Transcription

Chapter 1: What events led to Adnan Syed being accused of murder?

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We gave Times employees a preview of Crossplay from New York Times Games. And here's what they had to say. I can finally play with other people. I'm pretty competitive. It's fun to beat friends and coworkers. I have a J for 10 points. I'm guessing tanga is not a word. Let's see. Tanga is a word. Oh. As an English as a second language speaker, I like to learn new words.

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Crossplay, the first two-player word game from New York Times Games. Download it for free today. Hello, Serial listeners. This is Sarah Koenig. If you're listening to this show, I'm hoping that means that you're into it, and maybe you want to hear more stories like it. Well, you're in luck, because we've got a brand new show called The Idiot coming at the end of March, 2026.

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Just like or follow this podcast, The Serial Podcast, on your podcast app, and you'll automatically be notified when The Idiot comes out. And I am predicting you're going to love it. Okay, on to Serial Season 1. previously on Serial. He left his cell phone in the car with me. He told me he'd call me. Okay, now at this point, you know why he's leaving the car with you? Yes. And why is that?

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Because he said he was going to kill Hayden. I definitely understand that someone could look at this and say, oh man, you know, he must be lying. It's so coincidental. He told me to speak with Jay, and I was like, okay, because Jay wanted to say hi. So I said hi to Jay, and that's all I can really recall. The uselessness of what we're trying to do by recreating something that doesn't fit.

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It's like trying to plot the coordinates of someone's dream or something. You know, perhaps I'll never be able to explain it. And it is what it is. If someone believes me or not, you know, I have no control over it. This is a Global Telelink prepaid call from... Adnan Sayed. An inmate at a Maryland correctional facility.

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From This American Life and WBEZ Chicago, it's Serial, one story told week by week. And this, episode 12, is the final week, final episode of season one of this podcast. It's been a year since I first contacted Adnan, and I'm still talking to him regularly. I'm still asking him the basics.

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Still thinking, I don't know, that he'll remember something, or maybe he'll just get so frustrated with me that he'll crack. I still want to know what you were doing that afternoon. I want to know who had your phone, and I want to know what you were doing that afternoon. No, I don't remember anything more. This is from Saturday night, just this past Saturday. I mean, we're down to the wire here.

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Oh, man. So you don't really have, if you don't mind me asking, you don't really have no ending? Like, it's just... I mean, do I have an ending? Mm-mm. Of course I have an ending. We're going to come to an ending today. Plus a smattering of new information, a review of old information cast under different light, and an ending.

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In case you haven't noticed, my thoughts about Adnan's case, about who is lying and why, have not been fixed over the course of this story. Several times I have landed on a decision, I've made up my mind, and stayed there with relief. And then, inevitably, I learn something I didn't know before, and I'm upended. Sometimes the reversal takes a few weeks. Sometimes it happens within hours.

Chapter 2: How does Adnan's phone play a role in the investigation?

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He was dating someone else at the time, but then that ended. And so on New Year's Eve, they made their first date for the next day. He fell for her pretty quickly, he says. Quote, you could not not like this girl. She was aggressive, intelligent, assertive is a better word than aggressive. Generally nice person.

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Anything I've heard anybody say about her since, it's not like, oh, I don't want to talk bad about the dead. It's just being honest. It's hard for me to explain. If you didn't like her, you didn't like her because she was so likable. But then you couldn't even be annoyed by her because she wasn't annoying. She was charming.

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Don said Hay actually changed him, changed the way he thought about himself. He said he'd come off a couple of bad relationships, girls who had cheated on him. Quote, she basically in no uncertain terms told me to knock it off, he said. That I am worth, that I have worth. I don't remember the words she used. I can't paraphrase it at this point. But I am worth having self-esteem.

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That I should think that I am good enough. And I took it to heart, especially after I found out that she had died. Unquote. I'm sorry that I'm doing it so late in the game here, but I didn't even know that this existed until Friday. Yeah, that's OK. No, that's OK. That's OK. Here's another guy I just heard from.

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And speaking to him, all of a sudden I was hearing Jay's perspective, or at least this guy's perspective of Jay's perspective. He was scared. I mean, like terrified. This guy's name is Josh. He asked that I not use his last name. He said he worked with Jay at Southwest Video, the porn store. Josh was 21 at the time.

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They weren't close friends, he said, but Josh would give Jay rides and they'd smoke weed together, hang out a little bit. Josh said that on the night Jay was first picked up by the cops, so late at night on February 27th into the morning of the 28th, Jay called him at home and asked him to come into the store because he didn't want to be alone there. He was that scared.

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He was, I mean, frightened out of his mind and not of the police. Like they were the secondary fear. I mean, he was afraid to go into jail, but not like he was afraid of Adnan, I guess is how you say his name. I don't know. Adnan. Adnan, that's it. Josh says Jay actually never told him Adnan's name. But Josh has listened to the podcast, so he knows the name now. But back then, he didn't.

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He says Jay told him he was afraid that people were after him, people connected to the murderer. Across the street from the video store was a parking lot for the Amtrak commuter trains. And the parking lot was usually empty in the evenings. Well, that particular night there was a van in that parking lot, which I'm pretty positive had nobody in it. But Jay was afraid.

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I mean, like he was almost in tears. Yeah. He didn't want to go outside. He didn't even want to look out the door because he really thought the van that was across the street was like people waiting to get him. But the people you're talking about, like, is it only in retrospect that you're thinking it's like Adnan's people, or did he say that to you at the time? Oh, no, he said it.

Chapter 3: What new information emerged about Don's involvement?

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like him not being really involved or whatever, you know, and then he's like, no, I mean, you don't understand. I helped him bury the body. And it seemed like he was kind of bragging. And, and I mean, that's kind of the guy that Jay was not, he, it's not that he bragged about stuff that he did. Sometimes he made up things that he didn't do. And so that's kind of what I thought he was doing.

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And then I was like, why would you say that? Like, why would you tell somebody that you really don't know that well? And I guess that's kind of why I didn't believe him. If I had done it, I certainly wouldn't have told me. Right. You know, maybe like my best friend or something like that, but not somebody that you work with at a porn store.

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The version of the crime that Josh says Jay eventually told him, it's pretty close to the version that Jay's friend Chris told me too. That Jay was out somewhere and that Adnan came to him and showed him the body and said something to the effect of, you got to help me.

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Josh says he can't remember where Jay said he was when this happened, but he is certain the words Best Buy were never attached to the story. Josh went to that Best Buy all the time, and he says he definitely would have remembered that. He said when he heard in the podcast that Chris had mentioned the pool hall thing, that sounded right to him, but he can't say for sure.

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Josh says he also had the impression, like Chris, that it had all gone down later in the day, not mid-afternoon. Josh says at first Jay seemed afraid the cops were going to figure out he was involved through fingerprints or DNA or something. but that as time went on, he seemed more and more afraid of the guy who did it, that he was threatening Stephanie.

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It was, you better keep your mouth shut or else. He says Jay told him the threats were getting more forceful. To Josh, Jay was so not the type to be involved in a murder. Maybe he tried to act tough, he said, but he wasn't. He said he himself had friends who got in serious fights or who'd been locked up for grand theft auto, but Jay was not in that category at all, he said. He was a nice guy.

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He just wasn't He wasn't the type of guy that you really got the sense he could do something real. He wasn't a killer. And he wasn't a thug. If anything, he was kind of the opposite. Like, he seemed like he was in way over his head. Yeah. I don't know. I remember feeling bad for him.

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And was there any point, I mean, I don't mean to sound judgy or something, but like, was there any point where you're like, well, you should go tell the cops then. If you know who did this, go tell the cops. No, not really. I know that's probably what I should have said, but I didn't really believe him.

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And like I said, when it comes to like reputation, you know, on the street, you don't want to be the guy that's like, oh, go snitch. You know, you don't want anybody to see you're weak and all that stuff. And so I didn't ever say go to the cops because, I mean, that would be like the bitch thing to do.

Chapter 4: How do the call logs challenge Jay's testimony?

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And that's the photo you sent. Yeah. That's the old records department. It's so awesome. New York Supreme Court or something like that. Yeah. It looked like the Mad Hatter's archive room. Totally. Were you the first humanoid who'd come down in like 15 years? Yeah, they were like, what news do you bring?

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So Dana goes down there, pulls the service agreement, takes pictures of the contract, sends the first picture. The first picture says on the contract, it says we do not bill for unanswered calls. Oh, wow. meaning the Nisha call had to have been answered because it shows up on the bill. But there was fine print to the fine print.

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And when Dana flipped through the contract to the last page, she found a loophole. The loophole says AT&T won't charge for unanswered calls unless the call isn't terminated within a, quote, reasonable time. So if you call someone and it rings and rings and you don't hang up within a reasonable time, AT&T will charge you for that call, even if it's unanswered.

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So what is a reasonable amount of time? Or rather, an unreasonable amount of time? That loophole actually still exists today, and the unreasonable amount of time today is 30 seconds or longer they'll charge. We saw one contract from 99 that specified 60 seconds or longer. So it stands to reason that two minutes were probably covered. They probably did charge.

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The folks at AT&T told us the only reason a contract would have varied back then in 99 was if the state had passed particular legislation to address it. We didn't find anything in the Maryland rules about it. So after all this work, we feel pretty confident that AT&T would have charged for a call that rang and rang for more than two minutes in Maryland in 1999.

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So either way, if it's two minutes and 22 seconds, it's probably unreasonable. It's probably unreasonable. That seems unreasonable. It's an unreasonable amount of time to be listening to a phone ring, I got to say, without it being answered. It's an unreasonable amount of work going into trying to figure this out.

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I know that's a long and perhaps way too detailed way of explaining it, but all this adds up to something important. It means the Nisha call could conceivably have been a butt dial that no one answered. It means there isn't only one explanation for the Nisha call. There are alternative scenarios. It could be that Adnan called Nisha, or it could be that Jay was with somebody else who called Nisha,

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Or maybe Jay or someone else called Nisha by accident, a butt dial, and no one was ever the wiser because no one ever picked up. And if there are alternative scenarios, then that means the list of things we know, actually definitively know, facts we can show about the evidence against Adnan, that list just got shorter.

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In a way, the only hard evidence in the case against Adnan is his cell phone record for January 13th. That's what the cops and prosecutors used to corroborate Jay's statements.

Chapter 5: What are the implications of the Nisha call?

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Jay was looking for weed from Patrick. Jen, by the way, testified this never would have happened, that Jay would never call her asking about Patrick. But anyway. And here's the third thing, the confusing kicker. Both Jay and Jen also say Jay was at Jen's house until about 3.45 p.m. that day. That also has always confused me.

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If Jay is still at Jen's house until 3.45, how is he calling Jen's house at 3.21? Why would he be calling the house that he's sitting in? Unless Adnan has the phone. Unless Jay doesn't have the phone. Unless Jay doesn't have the phone. I'm not saying who has the phone. I have no idea who has the phone. But it leads me to believe that there is a possibility that Jay doesn't have the phone.

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So what's the evidence that Jay does have the phone? Jen tells the police that she saw Jay with the phone that afternoon. She has an image of the cell phone in her mind sitting on the coffee table at her house. But at 321, the tower that's pinged isn't the one that covers Jen's house. If Jay doesn't have the phone, though, then who has the phone?

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And more to the point, if Jay doesn't have the phone, then what was going on that afternoon? Then I have no idea what was going on. There are discrepancies, unresolved like this, all throughout the afternoon and evening, right up until the end of the night, when there's a big one.

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We noticed it right at the beginning, and while Adnan's attorney does bring it up at trial, no one dwells on it too long. But it's odd. Jen and Jay tell different stories about where she picked him up on the night of the 13th and about where and when they got rid of Jay's clothes and boots. Jen says she picked Jay up at Westview Mall, where she saw Adnan, too. Jay says that didn't happen.

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He says she picked him up at his house and that he dumped his clothes that same night, the 13th. The first time he tells that, he says he threw them out in the trash at his own house. But Jen says she and Jay tossed his clothes in some dumpsters the next day. Though there would have been a terrible ice storm happening, but maybe. Anyway, pretty different stories. And it hasn't been reconciled.

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And they actually sort of both kind of dig in on it. Yeah, I know. And commit to it. And somebody's wrong. And I don't believe it's an oversight. But I cannot work my head around what is the lie that is minimizing what. Right. What's the utility of which lie? Yeah, what's the utility of which lie? Yeah. You can apply that same question, what's the utility of which lie, to this entire case.

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There's so much that is murky. All you can do at a certain point is speculate. And believe me, we have. Dana and Julie and I speculate about all sorts of things. Like crazy, we speculate. Rest assured that in the privacy of our office, we've turned over every possibility, no matter how remote. 99% of what we speculate, I cannot report because, well, we can't back it up. It's speculation.

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But here's one I can tell you we've recently discussed. We loop-de-looped all the way back to motive. I know I dismissed the motive the state supplied way back in episode two, but we put it back on the table just to see where it took us. Here's what we got. We've always said Anon was over the breakup. It had been a month already. But just for argument's sake, let's say he wasn't over it.

Chapter 6: What inconsistencies exist in Jay and Jen's stories?

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And in Jay's first interview with the detectives, he says to them Adnan's plan was to get in Hay's car by telling her that his car was broken down and asking her for a ride. Then the next piece of bad luck is the Nisha call. I mean, even if the Nisha call could potentially be a butt dial. Right. It's still. In the realm of possibility, maybe it was a butt dial. But what are the chances?

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Like that sucks for you that your phone butt dialed a girl that only you know and would call on this day that your ex-girlfriend goes missing that you happen to loan your car and your phone out to the guy who ends up pointing the finger at you. That sucks.

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And then the last thing that I think really sucks for him if he's innocent is that Jay's story and the cell phone records match up from about six o'clock to about eight o'clock. Which is when Jay is saying that you are burying the body, and that's the time of the day when you just have no memory of where you were.

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And you have your dad saying you were at the mosque, and maybe Bilal, your youth leader. Who never testifies. Who never testifies at the trial, but testifies at the grand jury. He says he saw him after dark at the mosque on the 13th. But you, Adnan, you don't really remember where you were that evening.

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And that blank spot in your memory, that's the window of time when Jay's story actually does seem to be corroborated by the cell phone records. Seem to be corroborated, yes. But Jay's statement only roughly matches the Leakin Park calls and 8 o'clock calls. Really roughly. The geography matches, but not the timing. But I take her point.

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So I guess, I guess it just, in order to make him completely innocent of this, you just have to thank God. That is like, you had so many terrible coincidences that day. There were so many, you had such bad luck that day, Anon. A lot of people see it this way. All of us on staff have heard from people who say, just so quickly, oh yeah, he's totally guilty.

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News flash, people lie in murder cases, on the witness stand, whoop-de-doo. And we worried. Did we just spend a year applying excessive scrutiny to a perfectly ordinary case? So we called Jim Trainham back up. He's the former homicide detective we hired to review the investigation. And we asked him, is Adnan's case unremarkable?

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If we took a magnifying glass to any murder case, would we find similar questions, similar holes, similar inconsistencies? And Traynham said, no. He said most cases, sure, they have some ambiguity, but overall they're fairly clear. This one is a mess, he said. The holes are bigger than they should be. Other people who review cases, lawyers, a forensic psychologist, they told us the same thing.

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This case is a mess. While we've been rabbit-holing in our office, back out in the world, those lawyers from the University of Virginia Law School's Innocence Project Clinic have been coming up with their own most logical explanation, which couldn't be more different from Dana's.

Chapter 7: How does Adnan's alibi impact the case?

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I don't want anyone to be able to say, well, he didn't want to know, so boom, we went and found out. No, I want to know. And so I called Ms. Deirdre. I said, look, Ms. Deirdre, I want to do the testing. Man, I'm the one that asked for this. You guys had it sitting for 16 years, and you never tested it. It's impossible, man, for it to be sitting there for 16 years, and you guys never tested it.

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So that's fine. So I want to test it. Yeah. I want to see what it's been. There's nothing about my case that I'm afraid of. So back to Adnan's question. Do I have an ending? I was just thinking it the other day. I said, I'm pretty sure she probably has people telling her, like, look, you know, you know, this case, he's probably guilty.

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You're going crazy trying to find out that he's innocent, which you're not going to find because he's guilty. I mean, I don't think you'll ever have 100% or, you know what I'm saying, any type of certainty about it. The only person in the whole world who can have that is me. And I mean, for what it's worth, whoever did it, you know, you'll never have that. I don't think you will.

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Adnan told me all he wanted was to take the narrative back from the prosecution, just as an exercise, so people could see his case without makeup on, look at it in the eye, up close, and make their own judgments. He told me he doesn't think I should weigh in. I think you should just go down the middle. I think you shouldn't really take a side.

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I mean, it's not, you know, obviously, you know what I'm saying, my decision or whatever, obviously, is yours, but I'm saying, if I was to be you, Just go down the middle. Hey, you know, obviously you know how to narrate it, but I check these things out and these things, these are the things that look bad against them.

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These are the things that, you know, the state doesn't really have an answer for. You know what I mean? And I think in a way you could even go point for point. And in a sense, you leave it up to the audience to determine. While I appreciate Adnan's blessing to take a powder, I'm not going to. Dana's right to be skeptical.

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What are the chances one guy got so unlucky that everything lined up against him just so? Because yes, there's a police file full of information, circumstantial information, that looks bad for Adnan. But let's put another file next to that one, side by side. In that second file, let's put all the other evidence we have linking Adnan to the actual crime, the actual killing. What do we have?

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What do we know? Not what do we think we know. What do we know? If the call log does not back up Jay's story, if the Nisha call is no longer set in stone, then think about it. What do we got for that file? All we're left with is, Jay knew where the car was. That's it. And that, all by itself, that is not a story. It's a beginning, but it's not a story.

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It's not enough to me to send anyone to prison for life, never mind a 17-year-old kid. Because you, me, the state of Maryland, based on the information we have before us, I don't believe any of us can say what really happened to Haye. As a juror, I vote to acquit Adnan Syed. I have to acquit. Even if in my heart of hearts I think Adnan killed Hay, I still have to acquit.

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