On Wednesday, July 26, 2023, Hon. Betty Calvo-Torres, New York State Supreme Court Justice, Erie County, granted the 440 motion to vacate the conviction of ETKS client, Michael Agee, following an evidentiary hearing conducted by ETKS partners, Brian Shiffrin and William Easton on May 31, 2023. The Court agreed with Brian and William’s arguments that the Brady violations by the Niagara County District Attorney’s Office, including the withholding of a DNA report and report by a law enforcement investigator, denied Mr. Agee a fair trial in 2011. By conducting a thorough and exhaustive investigation on behalf of Mr. Agee, Brian and William were also able to locate a witness who testified at the hearing that he was in fact the perpetrator of the alleged crime and Mr. Agee was innocent of the allegations. Mr. Agee was immediately released from custody after Judge Calvo-Torres granted the motion of Brian and William, after nearly spending the last 11 years in prison.
You can read the Court’s decision by clicking here.
