Thiruvendran Vignarajah

Thiru Vignarajah

Thiruvendran ("Thiru") Vignarajah (born December 18, 1976) is an American lawyer and politician. He previously was Deputy Attorney General of Maryland.[1] He has also been a federal prosecutor, clerked for Justice Stephen G. Breyer, and was President of the Harvard Law Review.[2] He is now a litigation partner at the law firm DLA Piper in Baltimore, but continues to act as the lead attorney for the State of Maryland in the post-conviction appeal of Adnan Syed, who, based on testimony by a witness coached by the police[3], was convicted of the 1999 murder of Hae Min Lee and was the subject of the popular podcast Serial.[4][5][6][7]

Education

Vignarajah, the son of immigrants from Sri Lanka, graduated from Woodlawn High School in Baltimore, Maryland.[8][9] He studied at Yale College where he received degrees in Political Science and Philosophy, before earning a Master’s Degree in Medical Ethics at King's College London.[10] He then joined the consulting firm McKinsey & Company before attending Harvard Law School.[11][12] He was elected President of the Harvard Law Review and was responsible for leading a push for addressing the gender disparity in law review admissions.[13][14][15][16] While at Harvard, Vignarajah was also a research assistant for Derek Bok, the former President of Harvard University, and Arthur R. Miller.[17]

After law school, Vignarajah clerked for Judge Guido Calabresi, a federal appellate judge on the Second Circuit Court of Appeals, and for Justice Stephen G. Breyer on the Supreme Court of the United States from 2006 to 2007.[18] Following his clerkships, Vignarajah practiced at Arnold & Porter in Washington, D.C., before serving as an Assistant United States Attorney for the District of Maryland, under Rod J. Rosenstein, and then as Chief of the Major Investigations Unit at the State’s Attorney’s Office for Baltimore City.[19] In 2015, Vignarajah was named Deputy Attorney General for the State of Maryland.[20][21]

As Deputy Attorney General, Vignarajah was the lead author of statewide guidelines issued by the Maryland Attorney General to end discriminatory profiling by police, making Maryland the first state to answer former Attorney General Eric Holder’s call for states to issue guidelines on profiling.[22][23][24]

As a prosecutor, Vignarajah handled a number of notable cases in Maryland.[25][26] He was responsible for prosecuting, among others, the alleged mastermind of a series of armed robberies that resulted in the murder of a Greek businessman in Baltimore;[27] a former nonprofit board director who allegedly set a row home on fire with his mistress and her five-year-old son sleeping inside;[28] and two alleged members of the Black Guerrilla Family who killed a 12-year-old boy and shot three other teenagers.[29][30]

Vignarajah has taught constitutional law, administrative law, and law and education as a member of the adjunct faculty at the University of Baltimore School of Law and the University of Maryland School of Law.[31] He also teaches a course on crime policy at Johns Hopkins University.[32]

Syed case

Vignarajah has handled multiple appeals filed by Syed's legal team. He has described his approach to the case as "simply following the evidence, like any other case."[33]

There was no physical evidence against Syed. There were two important pieces of evidence against him: cell tower pings which the State asserted placed Syed in the region where the body was found, and testimony of a purported eyewitness.[34]

The Undisclosed podcast found a fax cover sheet from AT&T, who provided Syed's cell service, stating that incoming calls were (at that time) not considered reliable for location. This cover sheet was not provided to the State's cell expert at trial, who then proceeded to testify that certain pings from incoming calls placed Syed near the burial site.[35][34]

The podcast also showed that the medical evidence (rigor mortis) was inconsistent with Maryland's theory of the murder. Specifically, the State argued, and the State's key witness testified, that Lee was kept doubled up in the trunk of her car after the murder, then buried on her side. However, according to multiple medical experts, condition of the body showed that Lee was stretched out and face down for several hours after the murder.[36][37]

Additionally, the Undisclosed team found that the State's key witness told a different story each of the three times he was interviewed by the police, and the final, taped interview, a loud tap was often heard when the witness lost his way. Following the tap, the witness would resume telling his story.[36]

There was also an alibi witness for Syed who did not testify because Syed's attorney failed to contact her prior to trial.[38]

Vignarajah has repeatedly said that the evidence against Syed is "overwhelming" and that he continues fighting to preserve Syed's conviction because "what is popular is not always just." Vignarajah says "He did it, and the state proved it."[33][39]

On 29 March 2018, Maryland's Court of Special Appeals upheld a ruling that Syed was entitled to a new trial, based on the alibi witness.[38] On 14 May 2018, Vignarajah appealed the ruling, arguing that the alibi witness could not have reasonably aided Syed's defense.[40]

Political career

On September 14, 2017, Vignarajah declared his candidacy for Baltimore City State's Attorney as a Democrat.[41] He lost the primary, winning 23% of the vote, against 28% for Ivan Bates and 49% for Marilyn Mosby[42]

Project Veritas video

While serving as Deputy Attorney General of Maryland, Vignarajah was filmed by Project Veritas. He gave the young, female reporter information about plans to side with the Environmental Protection Agency against Maryland Governor Hogan. The plan had not yet been announced to the public. The Daily Caller described this as "spilling secrets." James O'Keefe was in particular concerned about Maryland Rule Rule 1.6(a), which says that “a lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation.” A spokesperson for Maryland Attorney General Brian Frosh said that “No protected or confidential information was revealed in any discussions.”[43][44][45][46]

Clashes with Ivan Bates

After Baltimore Police Commissioner Darryl De Sousa resigned (after being indicted), Vignarajah said the resignation showed the need for the city's top prosecutor to retain the confidence of the public. Ivan Bates, who is one of Vignarajah's opponents in the race for Baltimore City State's attorney, countered that the video shows that Vignarajah lacks the judgment to be State's attorney, because "He’s relaying this sensitive material to impress this young lady.” Bates said that Veritas was probably looking to embarrass anyone they could, and Vignarajah just happened to be the one that bit. Vignarajah in turn accused Bates of playing "dirty politics."[47]

Bates and Vignarajah also clashed over the Syed case, with Bates saying that, if elected, he would drop the case against Syed, because he found the evidence against Syed to be unreliable.[48]

References

  1. Fenton, Justin (December 30, 2014). "Top city prosecutor, O'Malley aide join AG's office". The Baltimore Sun.
  2. Fenton, Justin (November 27, 2011). "Heralded young prosecutor joins city state's attorney's office". The Baltimore Sun.
  3. Everett, Christine (August 24, 2015). "5 key findings from Undisclosed that Serial missed". Entertainment Weekly.
  4. Brief of Appellee, Adnan Syed v. State of Maryland (May 6, 2015). http://mdcourts.gov/cosappeals/pdfs/syed/appelleebrief201505.pdf
  5. Rector, Kevin (September 24, 2015). "State calls Adnan Syed's request to reopen proceedings 'meritless'". The Baltimore Sun.
  6. Francke, Caitlin (February 26, 2000). "Jury finds teen guilty of killing ex-girlfriend". The Baltimore Sun.
  7. Larson, Sarah (October 9, 2014). "Serial: The Podcast We've Been Waiting For". The New Yorker.
  8. "Best of 2014 and Lawyer to Watch in 2015". Center Maryland. January 4, 2015.
  9. Bishop, Tricia (June 2, 2011). "New city division to target violent repeat offenders". The Baltimore Sun.
  10. Fenton, Justin (November 27, 2011). "Heralded young prosecutor joins city state's attorney's office". The Baltimore Sun.
  11. "Harvard Law Review Elects New President". Harvard Law Today. February 23, 2004.
  12. http://www.yaledebate.org/alumni.html
  13. Esensten, Andrew C. (March 1, 2004). "Harvard Law Review Names New President, second-year law student seeks to eliminate gender gap". The Harvard Crimson.
  14. Levine, Adina (February 19, 2004). "Law Review elects new president". The Harvard Law Record.
  15. "Articles Policy Changes by Harvard Law Review".
  16. Zhao, Yilu (November 7, 2004). "Beyond 'Sweetie'". The New York Times.
  17. Miller, Arthur R. (January 2006). "Common Law Protections for Products of the Mind". Harvard Law Review.
  18. Fenton, Justin (November 27, 2011). "Heralded young prosecutor joins city state's attorney's office". The Baltimore Sun.
  19. "Best of 2014 and Lawyer to Watch in 2015". Center Maryland. January 4, 2015.
  20. Fenton, Justin (December 30, 2014). "Top city prosecutor, O'Malley aide join AG's office". The Baltimore Sun.
  21. Rodricks, Dan (September 19, 2015). "Prosecutor's commitment makes a city neighborhood safer". The Baltimore Sun.
  22. Kast, Sheilah; McKone, Jonna (September 11, 2015). "Translating 'Equal Justice For All' To Routine Policing". WYPR.
  23. Stolberg, Sheryl Gay (August 25, 2015). "Maryland Restricts Racial Profiling in New Guidelines for Law Enforcement". The New York Times.
  24. Burke, Sonya (August 25, 2015). "Attorney General Brian Frosh Releases Memo Designed to End Racial Profiling by Police". Montgomery County Media.
  25. Rodricks, Dan (September 19, 2015). "Prosecutor's commitment makes a city neighborhood safer". The Baltimore Sun.
  26. Fenton, Justin (September 11, 2015). "Exposed to violence at early age, gang member became 'agent of fear'". The Baltimore Sun.
  27. Bishop, Tricia (June 17, 2011). "Armed robbery mastermind sentenced to 77 years, Greek businessman died after being tied up". The Baltimore Sun.
  28. Donovan, Doug (July 13, 2014). "Lives on the Line". The Baltimore Sun.
  29. Fenton, Justin (March 16, 2014). "Two men convicted in murder of 12-year-old Baltimore boy". The Baltimore Sun.
  30. Duncan, Ian (October 17, 2014). "Killers of 12-year-old boy sentenced to prison". The Baltimore Sun.
  31. Bishop, Tricia (June 2, 2011). "New city division to target violent repeat offenders". The Baltimore Sun.
  32. "Thiru Vignarajah". DLA Piper. April 24, 2017.
  33. 1 2 Justin Fenton and Justin George. "Conviction vacated, new trial granted for Adnan Syed of 'Serial'". Baltimore Sun.
  34. 1 2 Amelia McDonell-Parry. "'Serial' Subject Adnan Syed: 4 Key Pieces of Evidence, Explained". Rolling Stone.
  35. Michelle Dean. "Serial, one year on: web sleuths keep making discoveries in Adnan Syed's case". The Guardian.
  36. 1 2 Everett, Christine (August 24, 2015). "5 key findings from Undisclosed that Serial missed". Entertainment Weekly.
  37. "Autopes" (PDF). Undisclosed.
  38. 1 2 Liam Stack (March 29, 2018). "New Trial Upheld for Adnan Syed of 'Serial'".
  39. Baynard Woods. "Adnan Syed Prosecutor On What The Serial Case Means For His State's Attorney Bid". The Real News.
  40. "Prosecutors ask Maryland's highest court to reverse ruling of new trial for 'Serial' subject Adnan Syed". Baltimore Sun. May 14, 2018.
  41. Fenton, Justin (September 17, 2017). "Former deputy attorney general, 'Serial' appeal prosecutor running for Baltimore state's attorney". The Baltimore Sun.
  42. Corey Shegda (June 27, 2018). "Marilyn Mosby wins Baltimore State's Attorney race again". 2 WMAR Baltimore.
  43. "Attorney general defends top aide after recording surfaces". WBALTV. Dec 1, 2015. Retrieved 13 March 2018.
  44. ""Maryland AG Office Investigation".
  45. Ross, Chuck. "Maryland Deputy AG Reveals Secrets In Hotel Meetings With Undercover O'Keefe Reporter".
  46. "One of Maryland's Top Attorneys Was Caught Behind Closed Doors Airing Controversial Opinions, Confidential Information".
  47. Tim Prudente (May 25, 2018). "Ivan Bates cites Project Veritas video of rival as race for Baltimore state's attorney heats up". Baltimore Sun.
  48. Amelia Mcdonnell-Parry (May 21, 2018). "'Serial': Baltimore State's Attorney Race Could Mean Freedom for Adnan Syed". Rolling Stone.
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