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Habib Wahir Abdal

Incident Date: 5/1/82

Jurisdiction: NY

Charge: Rape

Conviction: Rape

Sentence: 20-Life

Year of Conviction: 1983

Exoneration Date: 9/1/99

Sentence Served: 16 Years

Real perpetrator found? Not Yet

Contributing Causes: Eyewitness Misidentification, Government Misconduct, Unvalidated or Improper Forensic Science

Compensation? Yes

Habib Wahir Abdal, then known as Vincent Jenkins, was convicted of rape in 1983. The conviction stemmed from a crime that occurred in Buffalo, New York, in May 1982. A young white woman was raped in a nature preserve after she had been separated from her husband. The initial description of the assailant was a black man with a hooded jacket. The assailant had blindfolded her.

Abdal was picked up over four months later and identified by the victim in a “show-up” procedure. Though she had been informed by police that Abdal was the suspect, she failed initially to identify him as her assailant. The victim then viewed a photo of Abdal that was four years old. She returned to the show up and eventually identified him as the perpetrator.

A forensic analyst testified at Abdal’s trial that he compared hairs from the crime scene with Abdal’s hairs and found them to be distinctively different. He said he couldn’t exclude Abdal as a possible perpetrator, however, because "it's not unusual to have different hairs come from the same person." He went on to give statistics on the number of hairs necessary in order to determine a match and the likelihood of finding different hairs from the same person. Since there is not adequate empirical data on the frequency of various class characteristics in human hair, it was invalid for the analyst to give statistics on the number of hairs needed to determine a match.

Based on the victim’s identification of Abdal and the hair evidence that allegedly failed to exclude him, the jury convicted him and he was sentenced to twenty years. Abdal's attorney, Eleanor Jackson Piel, continued to work on his case. She eventually contacted the Innocence Project. Piel's postconviction efforts to secure the physical evidence for DNA testing were successful in 1993, but the tests were deemed inconclusive.

Years later, as DNA testing became more sophisticated and discerning, Abdal's evidence was again submitted for testing. This time, the results revealed that there were two contributors of spermatozoa, in keeping with the victim's claim of prior consensual sex with her husband. Neither of the profiles belonged to Abdal, and neither belonged to the victim's husband.

Though the results exculpated Abdal, prosecutors fought his exoneration, claiming there may have been more rapists or that Abdal participated in the rape without ejaculating. These theories contradict the victim's statements to police that there was a singular rapist who ejaculated inside of her, as well as the prosecution's own theory of the crime at trial.

After spending 16 years in prison for a crime he did not commit, Abdal was finally exonerated and released in September 1999. He died in 2005, just six years after his exoneration.
Habib Wahir Abdal

Incident Date: 5/1/82

Jurisdiction: NY

Charge: Rape

Conviction: Rape

Sentence: 20-Life

Year of Conviction: 1983

Exoneration Date: 9/1/99

Sentence Served: 16 Years

Real perpetrator found? Not Yet

Contributing Causes: Eyewitness Misidentification, Government Misconduct, Unvalidated or Improper Forensic Science

Compensation? Yes