Maryland's second-highest court has upheld a ruling vacating Syed's murder conviction, which the hit podcast covered. Syed will be retried in a lower court, provided Thursday's ruling isn't appealed.
Syed's lawyers say he poses no threat of violence or flight. Syed is waiting for a new trial, after a judge agreed that an attorney mishandled his 2000 murder case — the topic of the hit podcast.
At Wednesday's hearing, lawyers for the convicted murderer presented an alibi witness, Asia McLean, and attacked inconsistencies in the state's case in the hopes the judge will order a new trial.
Bergdahl's story is controversial. There are questions about whether he deserted and about whether the United States should have traded Taliban prisoners in exchange for his freedom.
Adnan Syed has been granted a hearing to let his lawyers present a possible alibi, and to probe both "alleged prosecutorial misconduct" and the competence of Syed's original attorney.