ARGUMENT

Adnan Syed should not be granted post-conviction relief on the basis of the Asia
McClain affidavit because it would not have altered the outcome of the case and therefore it
wasnt a mistake for Gutierrez to not mention it. On March 25, 1999, Asia McClain, a classmate
of Adnans, wrote an affidavit claiming, On 1/13/99, I waiting in the Woodlawn Branch Public
Library. I was waiting for my [sic] a ride from my boyfriend (2:20), when I spotted Mr. Syed and
held a 10 [sic] 15-20 minute conversation (Miller). This is thought to be grounds for postconviction relief, because it implies that Syed was accounted for during the proposed time of the
murder. However, there is evidence suggesting that McClains affidavit was fabricated. In Serial,
a podcast hosted by Sarah Koenig who is a journalist and University of Chicago graduate, Kevin
Urick, the prosecutor, states, She told me that she'd only written it because she was getting
pressure from the family, and she basically wrote it to please them and get them off her back
(Episode 01: The Alibi). And this is a definite possibility; Mr. Syed had a large support network
that could easily intimidate a young girl into writing a false statement. This implies that the Asia
McClain testimony was false, and therefore insignificant to the trial. Although, assuming that
McClain was being truthful about seeing Syed, the murder didnt necessarily take place during
that time. Serial introduced new information about the whereabouts of Hae Min Lee during the
time of Syeds alibi. Summer (last name not given), a former co-manager of the high school
wrestling team with Lee, debuted as a witness in the Serial podcasts. She claimed that, 2:36
would not have been possible because I know for a fact that [Lee] was probably with me during
that time (Episode 09: To Be Suspected). In other words, while Syed was at Woodlawn with
McClain from 2:20 to 2:40pm, Lee was with Summer at the wrestling team at the same time.
This means that Mr. Syeds alibi is meaningless, since Lee couldnt have been murdered at this
time, but rather later, when Syed didnt have an alibi. This evidence all points to Asia McClains
testimony being uncertain, and consequently, insignificant. Considering this uncertainty of
McClains affidavit, it would not have been a mistake for Gutierrez to not bring it up. In fact, it

would have been a strategic move to avoid McClains claims in order to focus on more
substantial evidence, since, as an acclaimed lawyer, she wouldve likely seen the uncertainty of
this alibi, and therefore the prosecution's ability to refute it. In other words, not only would
mentioning McClains affidavit not have affected the outcome of the trial, but not mentioning the
alibi wasnt a mistake by Gutierrez, it was strategic. For these reasons, Gutierrez not mentioning
McClains claims is not grounds for Syed to receive post-conviction relief.