State Prosecutor Should Investigate Faulty Exonerations, including Adnan Syed Case by Baltimore’s State’s Attorney, Institute Urges

Questionable Exoneration Practices by Baltimore’s Top Prosecutor Warrant Inquiry to Protect the Public

Oct 20, 2022

FOR IMMEDIATE RELEASE:

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ROCKVILLE, MD (October 20, 2022) — The Maryland Public Policy Institute (MPPI) today called for Maryland’s Office of State Prosecutor (OSP) to launch an investigation into possible misconduct by the Baltimore City State’s Attorney’s Office (SAO) led by Marilyn Mosby in overturning criminal convictions and releasing convicted killers.
 

Recently discovered improprieties in exoneration cases including Adnan Syed led MPPI to outline its concerns in a letter to State Prosecutor Charlton Howard III, who has the legal authority to investigate and prosecutor public officials and employees for misconduct.

The Institute wrote:

Recent instances of either incompetence or impropriety have resulted in the release of two (2) convicted killers … [who courts found] had forged documents and intimidated and/or bribed witnesses to secure their exonerations.
 

Recent changes to Maryland law make the investigation more urgent by giving local prosecutors the power to vacate previously obtained convictions at their discretion without independent oversight (2019) and by granting state compensation to those who prosecutors exonerate or fail to re-convict (2021). 
 

The letter continues:

These newly invested powers invite abuse for personal or political gain and thus their use requires greater oversight and outside scrutiny to maintain the public’s faith in an impartial system of justice and to safeguard taxpayer money.
 

MPPI offered the OSP a series of “Questions for Consideration” ahead of any investigation, asking:

  • What process and evidence does the SAO use to determine exoneration decisions?;
  • How are victims, former prosecutors, and police involved in that process?;
  • What taxpayer and outside funds and resources are used to re-investigate claims? What oversight is conducted?;
  • What role does the SAO play in state compensation and civil claims by exonerees?


MPPI Visiting Fellow Sean Kennedy said:

 “Mosby portrays herself as a crusader for justice in ‘freeing the innocent’ but in many of these cases, the accused was justly convicted. These cases of ‘false innocence’ erode the public’s trust in the justice system and disrespect the victims and their families, the police, and prosecutors who sought and obtained justice. An official investigation into the Baltimore City prosecutor’s office is urgently needed to ensure both public safety and taxpayer money are being properly safeguarded.”  

 

About the Maryland Public Policy Institute: Founded in 2001, the Maryland Public Policy Institute is a nonpartisan public policy research and education organization that focuses on state policy issues. The Institute’s mission is to formulate and promote public policies at all levels of government based on principles of free enterprise, limited government, and civil society.  Learn more at mdpolicy.org.