Court throws out mother's murder conviction

For the second time this week, state appeals court judges have thrown out a Suffolk murder conviction after finding that the judge in the trial of a Queens woman charged with killing her daughter may have misled jurors during their deliberations.

In a unanimous decision, the Appellate Division of the State Supreme Court on Tuesday ordered a new trial for Khairual Abdul, who was convicted of second-degree murder for the 1990 death of her 4-year-old daughter, Jennifer Shafiq. The girl's remains were found in 1996 buried off the Long Island Expressway in Manorville.

The Suffolk district attorney's office said Friday it would appeal the decision to the state Court of Appeals.

"I'm shocked," said Lucille Ventrelli, 80, of Massapequa, who had been Jennifer's foster mother. "I don't understand it because I thought when they convicted her it was a done deal."

Abdul, 46, is serving a 25-years-to-life sentence in Bedford Hills prison in Westchester. Her ex-husband, Parmjit Singh, 54, also is in prison for his role in his daughter's death.

The appeals court ruled that then-Suffolk County Court Judge C. Randall Hinrichs failed to inform jurors that Abdul could be convicted only for things that caused Jennifer's death - not for actions that occurred after she died. During deliberations, jurors asked Hinrichs, now a State Supreme Court justice, whether Abdul could be found guilty for not seeking help after the child passed away.

In response to the jury's question, Hinrichs reread his original instructions to the panel. That response failed to "properly respond to a critically important note from the jury," the appeals court said.

"Failing to respond appropriately to the jury's question may have allowed the jury to improperly convict the defendant solely for conduct which occurred after the victim had already died," the court ruled.

Abdul's appeals attorney, Robert Cicale of the Suffolk Legal Aid Society, declined to comment.

Abdul's conviction was one of two Suffolk murder convictions thrown out Tuesday. The appeals court also ordered a new trial for Zachary Gibian, 23, of Hauppauge, who was convicted of slaying his stepfather with a samurai sword.

At Abdul's 2007 trial, prosecutors said the girl suffered a fatal seizure after being shoved to the ground by her mother. Singh buried the girl's body in a shallow grave in Manorville, prosecutors said.

Singh, who pleaded guilty in January 2008 to second-degree manslaughter and hindering prosecution, is scheduled to be released from prison in November and deported to his native India, a state correction spokesman said Friday.

Singh likely would not testify at a second trial, said his attorney, Frank Murphy of Sayville. "There's nothing for him to gain," Murphy said.

Ventrelli, who testified at Abdul's trial, said she is willing to testify again.

Looking at a framed photograph of a smiling Jennifer, Ventrelli, who still visits the spot where her body was found, recalled four happy years before the girl was returned to her parents.

"She was always singing and dancing," Ventrelli said. "She kept us alive."

Chronology of Jennifer's life and death

Nov. 9, 1986

Jennifer Shafiq is born. She is placed in a foster home a month later.

Dec. 4, 1990

After being returned to her parents, Jennifer is killed by her mother at the family's Queens home and is buried in Manorville by her father, prosecutors say. No police or missing person report is filed.

April 27, 1996

A hiker finds a child's skull off the Long Island Expressway. Police discover a skeleton buried in a shallow grave nearby.

May 2, 1996

Police display a red-and-white T-shirt, a piece of green, flowered cloth and a faded dress found near the body. Authorities hoped the clothing would be recognized by someone who could help in finding their owner.

2000

Jennifer's parents move to Sacramento, Calif.

May 2005

Following a domestic dispute, Jennifer's father tells police his wife killed the girl. His description of the girl's injuries matches wounds found on Jennifer's then-unidentified remains.

March 20, 2006

Jennifer's parents are arrested.

Nov. 14, 2007

Khairual Abdul is convicted of second-degree murder for killing her daughter. She is later sentenced to 25 years to life in prison.

Jan. 15, 2008

Jennifer's father, Parmjit Singh, pleads guilty to second-degree manslaughter and hindering prosecution. He is sentenced later to 21/3 to 7 years in prison.