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Lessons Not Learned - The Innocence Project

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APPenDIx A<br />

APPenDIx A<br />

FULL PRoFILes (In CHRonoLoGICAL oRDeR) oF THe<br />

23 DnA exoneRATIons In neW YoRK sTATe<br />

1. Charles Dabbs – Westchester<br />

Convicted in 1984 of rape that happened in 1982<br />

Sentenced to 12.5 to 20 years<br />

Age at conviction: 29<br />

Served 7 years; exonerated in 1991<br />

Factors leading to wrongful conviction: eyewitness misidentification<br />

Charles Dabbs was convicted in 1984 of first degree rape. <strong>The</strong> victim<br />

had been assaulted from behind, dragged into an alley, and forced<br />

down a flight of stairs. She lost consciousness, awaking to find two<br />

other men with her assailant. One man held her arms, the other her<br />

legs, and a third raped her. She identified only one person - the rapist.<br />

Based on this identification, Dabbs was convicted and sentenced<br />

to twelve and a half to twenty years in prison.<br />

At trial, the victim’s testimony was bolstered by the fact that she<br />

and Dabbs are distant cousins and that the assailant had distinctive<br />

clothes that were similar to Dabbs’s. He could not be ruled out as a<br />

contributor of the semen stain on the victim’s pants by methods of<br />

conventional serology.<br />

In 1990, Dabbs gained access to the evidence for DNA testing.<br />

Though testing on the victim’s pants was inconclusive, DNA was successfully<br />

extracted from a cutting of the victim’s underwear. Dabbs<br />

was excluded and his conviction was vacated. Based on this exclusion,<br />

39

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