"Christine Mumma, a spokeswoman with the North Carolina Center On Actual Innocence who represented Abbitt during his acquittal hearings, said Abbitt's DNA could have gotten onto the sheets from the victim's mother.
"It was testified (during the original trial) that the mother had unprotected sex with Mr. Abbitt beforehand," she said. "Those sheets were available and they were tested several times, and they only found the victim's boyfriend's DNA on those sheets.""
WXII12.COM
PHOTO: JOSEPH ABBITT; (LEAVING PRISON IN 2009);
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"WINSTON-SALEM, N.C. -- The man whose conviction was overturned in 2004 after being exonerated by DNA technology is calling into question that same technology in a case that could send another man back to prison," the WXII12.com story begins, under the heading, "Darryl Hunt Questions DNA Results In Abbitt Case: Man Freed By DNA Says Man ID'd By DNA Is Innocent."
"Darryl Hunt, who was freed after serving more than 19 years in prison, said despite the latest evidence, he still believes that Joseph Abbitt is innocent and called into question the validity of the latest test results," the story continues.
"On Wednesday, Winston-Salem police released results of new DNA technology that showed Abbitt's DNA on sheets taken from the scene of the 1991 rape of a 16-year-old girl and her 13-year-old sister. Abbitt was released from prison last September after testing on a vaginal swab taken from one of the victims didn't show the presence of Abbitt's DNA.
Christine Mumma, a spokeswoman with the North Carolina Center On Actual Innocence who represented Abbitt during his acquittal hearings, said Abbitt's DNA could have gotten onto the sheets from the victim's mother.
"It was testified (during the original trial) that the mother had unprotected sex with Mr. Abbitt beforehand," she said. "Those sheets were available and they were tested several times, and they only found the victim's boyfriend's DNA on those sheets."
"We don't know all the facts yet. We still have to give people the presumption of innocence," said Hunt, who was released after DNA tests showed Willard Brown, not Hunt, raped and murdered newspaper copy editor Deborah Sykes in 1984.
Brown pleaded guilty to the crimes and was sentenced to life in prison.
Hunt, who now leads an organization that helps wrongfully convicted people, suggested the DNA in Abbitt's case could have been planted.
"Where did this evidence come from?" Hunt asked. "Is it something that was planted? Was it there all the time? Do we know the chain of custody? There are a number of avenues."
"I would hope our Police Department wouldn't do that, but when you look at the (State Bureau of Investigation), there are 230 cases and that's in one lab. So I don't know," Hunt said.
The 50-year-old Abbitt spoke with WXII's Jermont Terry on Thursday, saying he didn't have anything to do with the crime.
"I said it from the beginning. I didn't rape those two girls, and I'm still saying it today. I didn't do it," he said.
Freed Man Maintains Innocence
The case is now in the hands of Forsyth County District Attorney Jim O'Neil, who has yet to comment on how he intends to proceed.
Winston-Salem attorney David Freedman said it would be difficult to put Abbitt back in jail.
According to the Fifth Amendment, you should not be tried for the same crime twice. If you are acquitted of the crime, that's it," Freedman said.
"Just because they have new evidence doesn't mean he's guilty of any offense. He's protected by the Constitution much like the rest of us, and if people want to bend the Constitution for one particular case they don't like, then it will be bent for them as well," he added."
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The story can be found at:
http://www.wxii12.com/news/25314484/detail.html
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be accessed at:
http://www.thestar.com/topic/charlessmith
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
