"If Kagonyera and Wilcoxson are exonerated in the Sept. 18, 2000, slaying of Walter Rodney Bowman, it would mark just the second case in which convictions were overturned under the law that created the N.C. Innocence Inquiry Commission in 2006.
“You have to make leap after leap after leap to believe the state’s case had any kind of evidentiary foundation,” defense attorney Noell Tin told the judges.
Assistant District Attorney Kate Dreher pointed out in her closing argument that the defense has the burden of proof by “clear and convincing evidence.” That standard wasn’t met, she said.
“The truth always cries to get out in murder cases,” Dreher said. “And it is out. They were and are in fact guilty.........
Fialko said co-defendants of Kangonyera and Wilcoxson were pressured and threatened by officers and prosecutors to implicate the two men. All were threatened with possible sentences of life in prison or death if they didn’t confess and accept plea bargains.
He said the two likely never would have pleaded guilty had the District Attorney’s Office turned over State Bureau of Investigation test results showing that DNA from the six who were charged was not found on the bandanas."
REPORTER CLARKE MORRISON; THE ASHEVILLE CITIZEN-TIMES;
Photo: Kenneth Kagonyera;
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"ASHEVILLE — A confession by a man never charged and DNA evidence proves that Kenneth Kagonyera and Robert Wilcoxson aren’t guilty of the murder they were convicted of, their attorneys argued Wednesday," the Asheville Citizen-Times story by reporter Clarke Morrison published on September 21, 2011 begins, under the heading "Closing arguments made in Asheville innocence case: Innocence hearing nears conclusion."
"With closing arguments and seven days of testimony concluded in the rare innocence hearing, a three-judge panel plans to announce its decision today after reviewing some 300 pieces of evidence submitted by attorneys," the story continues.
"“We’ve got a lot to do. We’ve got a lot to look at,” said Superior Court Judge Ervin Spainhour, who was appointed to head the panel.
If Kagonyera and Wilcoxson are exonerated in the Sept. 18, 2000, slaying of Walter Rodney Bowman, it would mark just the second case in which convictions were overturned under the law that created the N.C. Innocence Inquiry Commission in 2006.
“You have to make leap after leap after leap to believe the state’s case had any kind of evidentiary foundation,” defense attorney Noell Tin told the judges.
Assistant District Attorney Kate Dreher pointed out in her closing argument that the defense has the burden of proof by “clear and convincing evidence.” That standard wasn’t met, she said.
“The truth always cries to get out in murder cases,” Dreher said. “And it is out. They were and are in fact guilty.
“What we want is the truth, just like what this court wants.”
Kagonyera and Wilcoxson are among six men charged with killing Bowman during an invasion and planned robbery of his Fairview home. Four pleaded guilty to second-degree murder, one was convicted of a lesser charge, and the sixth had his charges dropped.
Defense attorney Chris Fialko said the evidence is clear that the wrong group of men was investigated and charged. A drug agent testified that federal convict Robert Rutherford confessed to the crime in 2003 and named Bradford Summey and Lacy “J.J.” Pickens as his accomplices.
Then, in 2008, Summey’s DNA was matched to one of three bandanas found on the roadside near the crime scene the day after the killing. Fialko said the finding corroborated Rutherford’s confession. Witnesses said the three men who invaded the home had bandanas covering their faces.
(
“This is proof that our clients didn’t do this crime,” the attorney said. “No one went out there and laid these bandanas out there knowing there would later be a DNA match.”
But Dreher maintained that there’s no evidence the bandanas are connected to the homicide. They could have been left behind after a home break-in in the Fairview area Summey admitted to, she said.
“This court does not know how those bandanas got there,” she said.
Dreher said Rutherford could have learned details of the crime from Kagonyera while both were in the Buncombe County jail. She said the federal justice system, which allows inmates to get up to a year of time off for cooperating with the government, is to blame for Rutherford’s false confession.
Fialko said co-defendants of Kangonyera and Wilcoxson were pressured and threatened by officers and prosecutors to implicate the two men. All were threatened with possible sentences of life in prison or death if they didn’t confess and accept plea bargains.
He said the two likely never would have pleaded guilty had the District Attorney’s Office turned over State Bureau of Investigation test results showing that DNA from the six who were charged was not found on the bandanas.
Buncombe County investigators didn’t pursue a Crimestoppers tip naming Rutherford, Pickens and Summey as the assailants because they mistakenly believed Pickens was in jail when Bowman was killed. But jail officials testified that Pickens was only serving time on weekends at the time, and the crime occurred on a Monday.
Detectives had “tunnel vision” in focusing strictly on Wilcoxson, Kangonyera and their co-defendants, Fialko said.
“We’ve shown you a lot of clear evidence that three other guys did this,” he said.
Tin pointed out that Kagonyera kept requesting a DNA report on the bandanas long after his conviction.
“There is only one reason why someone would ask year after year after year for the DNA evidence in their case, and that’s because he knows he wasn’t there,” he said.
“This is proof that our clients didn’t do this crime,” the attorney said. “No one went out there and laid these bandanas out there knowing there would later be a DNA match.”
But Dreher maintained that there’s no evidence the bandanas are connected to the homicide. They could have been left behind after a home break-in in the Fairview area Summey admitted to, she said.
“This court does not know how those bandanas got there,” she said.
Dreher said Rutherford could have learned details of the crime from Kagonyera while both were in the Buncombe County jail. She said the federal justice system, which allows inmates to get up to a year of time off for cooperating with the government, is to blame for Rutherford’s false confession.
Fialko said co-defendants of Kangonyera and Wilcoxson were pressured and threatened by officers and prosecutors to implicate the two men. All were threatened with possible sentences of life in prison or death if they didn’t confess and accept plea bargains.
He said the two likely never would have pleaded guilty had the District Attorney’s Office turned over State Bureau of Investigation test results showing that DNA from the six who were charged was not found on the bandanas.
Buncombe County investigators didn’t pursue a Crimestoppers tip naming Rutherford, Pickens and Summey as the assailants because they mistakenly believed Pickens was in jail when Bowman was killed. But jail officials testified that Pickens was only serving time on weekends at the time, and the crime occurred on a Monday.
Detectives had “tunnel vision” in focusing strictly on Wilcoxson, Kangonyera and their co-defendants, Fialko said.
“We’ve shown you a lot of clear evidence that three other guys did this,” he said.
Tin pointed out that Kagonyera kept requesting a DNA report on the bandanas long after his conviction.
“There is only one reason why someone would ask year after year after year for the DNA evidence in their case, and that’s because he knows he wasn’t there,” he said."
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The story can be found at:
http://www.citizen-times.com/article/20110922/NEWS/309220022/Innocence-panel-ruling-awaited?odyssey=tab|topnews|text|Frontpage
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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 found 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;
