58° and Clear
Image
Michael Agee was a boy. Not a perfect boy, but a senior in high school.
One day, back in 2010, when he skipped school, a pizza delivery driver was robbed.
Police investigated and sometime later zeroed in on Agee. His big downfall? They asked him for an alibi. He said he was in school. He was not. He skipped that day.
Police had their man. Except they didn’t.
All the evidence was circumstantial. A delivery driver was robbed. The robber was Black and the about the same age as Agee. Agee was convicted in 2012.
A used furniture store on 18th Street was also hit. That crime got pinned on Agee as well.
In 2013, investigators received DNA evidence that could have exonerated Agee but never provided it to the defense as he languished in prison. Prosecutors also failed to provide defense with a police report that pointed to another possible suspect.
His family, always believing his innocence, eventually, during the pandemic, was able to pool enough money to retain private investigators, in one of the best uses of stimulus money ever.
They worked the case until June of this year when Darius M. Belton, serving time for the murder of Louis Ubiles, confessed to being involved in the furniture store robbery and providing a gun to the person who robbed the pizza driver. Agee had nothing to do with either.
Agee was freed by State Supreme Court Justice Betty Calvo-Torres last week because evidence presented in court cast doubt upon the jury verdict.
Prosecutors still tried to set bail at $50,000 and can try to re-present evidence against Agee. Calvo Torres let him walk without bail.
Agee is now in Niagara Falls but with none of the support the criminal justice system offers for those it releases after serving their sentence. He will never get those 10 years back.
Here is what Agee wrote in a GoFundMe page:
My name is Michael Agee. I am 30 years old. In 2012, my life was forever changed when I was falsely accused of committing two robberies, an accusation that ultimately turned into a wrongful conviction. Until July 27th, 2023 I had been serving time for two crimes I did not commit. It has been eleven long years to finally see some justice.
Over the years, I fought to be heard through the appeals process but I was denied, which left me discouraged and feeling that I could not get anyone to believe me. Finally, in 2020, I enlisted two private investigators, Kim Anklin and Bob Rahn. They listened to me and offered to do an investigation into my case. After traveling to Attica prison, they successfully obtained a signed, sworn affidavit from the person who actually committed the first robbery and knew who committed the second. The contents of that affidavit are a confession that clears me of any wrongdoing.
Around the time the investigators were securing the confession they also submitted a FOIL request that included DNA results taken from the weapon used in the first robbery. Fortunately, the DNA results proved that it belonged to the person they obtained the affidavit from, and also specifically stated it excluded myself. The prosecutor failed to turn this evidence over to my defense attorney. Instead, she chose to bury it until Kim and Bob discovered it ten years later.
On May 31, 2023, I was awarded my first hearing in regards to my 440 motion to vacate my criminal convictions. During this hearing, the same individual who signed the sworn affidavit in 2020 testified on my behalf that I was NOT involved in any of the two robberies I was convicted for. He stated on the record that "He (Michael Agee)had nothing to do with either crime, and that he was railroaded by the criminal justice system." In addition to this person’s affidavit and his testimony, he is also the match for the DNA evidence that was uncovered by the investigators.
My hearing for a possible new trial was on Wednesday, July 26, 2023. Judge Calvo-Torres ruled that indeed I am entitled to a new trial, and in a dramatic turn of events she ordered I be released without bail. My friends and family gasped with excitement!
I hope and pray will bring me closer to complete freedom and the clearing of my name. Since my goal is to be fully exonerated, I will not be eligible for any resources, such as funding for housing, food, clothes, or incidentals. I am grateful for this second chance, however; I am very concerned about how I will initially survive without any current monetary resources or family support. Sadly, while incarcerated, all of my immediate family has passed away. Upon my release, my plan is to seek employment and to temporarily stay with friends.
While my goal is to reach $10,000, any amount you can give would be greatly appreciated. Donations will be used to secure housing, clothes and food for my reentry into society. If you cannot donate money at this time, please keep me in your thoughts and prayers and share this with your friends and family. I will keep you updated. Thank you
Link to Michael’s GoFundMe page https://www.gofundme.com/f/michael-fight-injustice-to-be-free
Link to Channel 7 story. https://www.wkbw.com/news/local-news/a-new-life-wrongfully-convicted-ni…
