Factual background: Early on the morning of August 12, 1982, the victim was walking, home when she was assaulted from behind. She was forcibly dragged into an alley between a warehouse and another building. The assailant dropped the victim down a fight of stairs, and she lost consciousness. When she awoke, she saw two other men with the original assailant. One of the attackers held the woman's legs, one held her arms, and the third raped her. She was able to identify only the face of the man who raped her (allegedly Dabbs). The alleged accomplices were never located.

Charles Dabbs was convicted of first-degree rape by a jury in a Westchester County Court on April 10, 1984. He was ordered to serve 121¦2 to 20 years in prison.

Prosecutor's evidence at trial: The prosecution based its case on several points:

· The victim was able to identify Dabbs because they are distant cousins.

· The victim testified that the assailant wore a distinctive cap and had a distinctive laugh, which she stated were both similar to Dabbs'.

· ABO typing of a semen stain on the victim's pants showed the presence of the H and the B antigens; Dabbs is an 0 secretor whose body fluids contain the H antigen. This blood typing showed that Dabbs could not be excluded as a source of the semen.

Postconviction challenges: Dabbs appealed his conviction, but it was upheld by the appellate court in June 1988 (529 N.Y.S.2d 557). On November 21, 1990, the Westchester County Supreme Court granted Dabbs' request for DNA testing (570 N.Y.S.2d 765). The court ruled that any preserved evidence was to be released by the county laboratory for testing by Lifecodes, Inc.

DNA results: Lifecodes, Inc., reported that DNA tests of a gauze pad and a cutting from the victim's jeans yielded inconclusive results. RFLP testing was conducted, however, on a cutting from the victim's underwear. The DNA from the semen on the panties did not match the DNA from a blood sample submitted by Dabbs.