Agee was in court Sept. 30

As I worked to understand Michael Agee taking his own life, a friend pointed out to me he lost in court at every turn.

I was troubled and searched his name.

Sure enough, on Justia, there was a decision published September 30 and written by Supreme Court Justice Betty Calvo-Torres.

Agee’s robbery conviction was thrown out in 2023 but he was not exonerated. The Niagara County District Attorney could still pursue a case against him.

The decision, to a non-lawyer, seemed lengthy and complex. Danny Cevallos represented Agee in court. Cevallos is an accomplished legal expert and media personality, but reading the court decision, it seems as if he threw the kitchen sink – taking every angle he could and getting denied at almost every turn.

For example, arguing testimony from witnesses who have died since the first trial should be inadmissible because they wouldn’t be available for cross-examination.

Another example was a request by the defense for files relating to the unrelated convictions of defense witnesses. The judge ruled there was not statutory requirement compelling the prosecution to turn over those records.

One motion that was granted was for the testimony of an expert in mistaken identity to be admissible.

Justice Calvo-Torres was fair to Agee once, allowing him free with no bail. When it came to trial, she would be presiding.

Eventually, there would be a trial over wrongful conviction and civil rights violations and Agee would be a wealthy man but the process was arduous and difficult.