State v. Kagonyera/ Wilcoxson
North Carolina General Statute 15A-1468(e) States:
"All proceedings of the Commission shall be recorded and transcribed as part of the record. All Commission member votes shall be recorded in the record. All records and proceedings of the Commission are confidential and are exempt from public record and public meeting laws except that the supporting records for the Commission's conclusion that there is sufficient evidence of factual innocence to merit judicial review, including all files and materials considered by the Commission and a full transcript of the hearing before the Commission shall become public at the time of referral to the superior court. Commission records for conclusions of insufficient evidence of factual innocence to merit judicial review shall remain confidential..."
In the case of State v. Kagonyera and Wilcoxson, the Commission conducted a hearing on April 28 and 29, 2011. The Commission voted unanimously that there was sufficient evidence to merit judicial review. At that time, the case was referred forward to a three-judge panel. The documents presented at the Commission hearing became public record and are included below.
The transcripts of the hearing are available for viewing ONLY. The transcripts online are not available to print. If you would like to purchase a printed copy of the hearing transcript please contact Court Reporting Services at 919-832-4114 or crsdepo@crsdepo.com.
The final three-judge panel was held in Buncombe County from September 12, 2011 through September 22, 2011. At the conclusion of that hearing, the Judges ruled that Mr. Kagonyera and Mr. Wilcoxson had proven their innocence by clear and convincing evidence. The charges were dismissed and Mr. Kagonyera and Mr. Wilcoxson were set free. You may contact the Buncombe County Courthouse for more information.
The document and transcripts from the three-judge panel hearing were made a part of the official court file and are public record. You may contact the Buncombe County Clerk of Court if you wish to review those documents.
You can also read the opinion of the three-judge panel by clicking on the link below:
Please note that the web content does not include the full case file and only documents,videos, and reports that are public record are posted here.
The videos are presented in FLASH media format and may not be viewable on some devices. Some of the segments are large and will take a moment to load.
To play a video please click on the title bar to open the viewing pane. Click the title bar again to close the viewing pane for that specific video.
Phone Interviews presented at the Commission Hearing:
Tyrell Dickey Phone Interview one
Tyrell Dickey Phone Interview Two
Tyrell DIckey Phone Interview Three
Some of these documents are very large. It may take a while to load and may not load properly on all devices. The documents are available below as PDFs.
For PDF version please click on link below:
State v. Kagonyera/ Wilcoxson Brief
Commission Hearing Power Point Presentation (audio and video are available above)
Handouts given to Commissioners during the hearing
Transcript of Kagonyera Deposition
Transcript of Wilcoxson Deposition
Confessions Expert Affidavit and Report
Vehicle Make/Model Expert Affidavit and Report
The transcripts of the hearing are available for viewing ONLY. The transcripts online are not available to print. If you would like to purchase a printed copy of the hearing transcript please contact Court Reporting Services at 919-832-4114 or crsdepo@crsdepo.com.
Kagonyera/ Wilcoxson Hearing: Day One of Two
Kagonyera/ Wilcoxson Hearing: Day Two of Two
