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DNA Clears Man Held on Rape Charge Since '95
Winston-Salem, NC (DigTriad.com) -- A man in jail since 1995 a free man now after DNA evidence cleared him of the crimes.
Joseph Lamont Abbitt was found guilty in 1995 on two counts of First Degree Rape, one count of First Degree Burglary and two counts of First Degree Kidnapping related to a 1991 attack of two Winston-Salem teenage sisters. He was sentenced to life in prison.
However, after new evidence came to light, he was released Wednesday.
The Attack
The conviction stemmed from an attack on two sisters, age 15 and 13, on the morning of May 2, 1991.
The sisters told police they were getting ready for school at their home on Fairchild Avenue when someone broke into the home through a kitchen window and attacked them around 5:30 a.m. The intruder raped both girls at knife-point and bound their hands and feet.
The attacker held the girls for more than an hour before searching the home for money and running out the front door.
The girls' mother was at a boyfriend's house for the night, leaving the girls unattended.
The girls claimed to have seen the attacker's face during the attack. From the moment detectives arrived on the scene, the girls named Abbitt as their attacker.
Both girls were taken to the hospital to collect rape evidence.
Joseph Abbitt Profile
Abbitt had lived two houses down the street from the family and visited the girls' home on occasion.
Abbitt was previously charged with two rapes in the late 1980s, but the District Attorney's Office reduced both charges to misdemeanor Assault on a Female when he pled guilty.
According to the North Carolina Department of Corrections, Abbitt's previous convictions include robbery with dangerous weapon, escaping prison, assault on a female, B & E, DWI and Larceny. He served time for all those charges.
The Investigation
Both girls identified Abbitt as the rapist during the course of the investigation. They were each shown a photo line-up with color photographs of six subjects. Each girl individually picked Abbitt's photo as their attacker.
After detectives looked into Abbitt's past, along with the positive identification from the victim, they issued arrest warrants. He was found jailed in Texas on unrelated crimes and arrangements were made to transport him back to North Carolina.
Investigators did find a piece of clothing related to the case, but it was not a match to Abbitt.
Due to limited DNA technology, the results of the rape kit taken at the hospital could not conclusively link Abbitt to the crime.
The Trial
The trial began on June 19, 1995 in Forsyth County Superior Court.
Both girls were called to the stand and testified that Abbitt was their attacker.
Abbitt didn't testify, but told investigators he was working the morning of the crime. His employer couldn't provide evidence since the trial was four years later.
Abbitt's attorney introduced the DNA evidence that excluded him from the trial, although no one could relate the questioned clothing to the crimes.
The jury found Abbitt guilty on two counts of First Degree Rape, one count of First Degree Burglary and two counts of First Degree Kidnapping.
He was sentenced to two consecutive life sentences.
Abbitt appealed his conviction, but they upheld the conviction on May, 28 1996.
The Darryl Hunt Affect on DNA Evidence
DNA evidence freed another Forsyth County man in 2004.
Darryl Hunt's exoneration sparked an investigation into 2,100 jailed inmates that could benefit from newer technology. Abbitt applied for the program to review his case.
Investigators with the North Carolina Center on Actual Innocence and the Forsyth County District Attorney's Office, with assistance from the Winston-Salem Police Department, the State Bureau of Investigation and LabCorp, Inc., say DNA evidence collected from one of the victims excludes Abbitt from the rape.
Based upon this additional scientific testing, which was unavailable to the parties at the time of trial, the State and the Center have joined in a "Motion to Vacate" the convictions.
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