First Name | Joseph |
Last Name | Abbitt |
Year of Conviction | 1995 |
Year of Exoneration | 2009 |
State of Conviction | North Carolina |
Trial, Bench Trial, or Guilty Plea | Trial |
Type of Crime | Rape |
Death Sentence | No |
Life / LWOP sentence | Life |
Gender of Exoneree | Male |
Race of exoneree | Black |
Juvenile | No |
Type of Innocence Defense |
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Description / Quotes from Testimony Concerning Defense | ● Alibi witnesses included employer stating he worked that week, and his brother who said at the time of the crime he no longer lived near on victim’s street. |
Did the defendant testify at trial? | No |
Types of evidence at trial |
|
Type of Forensic Evidence |
|
Types of Flawed Forensics |
|
Brief Quote / Description of Testimony | No prosecution analyst testified. DNA exclusion presented by the defense and by stipulation |
Identity of eyewitness |
|
Multiple eyewitnesses | 2 |
Lineup Procedures |
|
Suggestive Procedures | No – acquaintance |
Unreliable Identification? | Yes ●Initial non-identification |
Quotes from testimony #2 | Second victim initially did not provide Abbitt’s name to police, and then only told sister that attacker “reminded” her of man who lived down street. And first victim initially identified man at bus stop, who police did not arrest. “When did the name Joseph Abbott come up? At the police station? A. No. Q. When? A. When I was at my sister’s, I told her that man reminded me of the man that used to go out with my mom.” Second victim also said she was “blindfolded” during the attack, though added that she did see him briefly, explaining only “I guess he took it off.” |
Highest level reached | NR |