The engineer and conductor on a freight train that struck State Supreme Court Justice John L. Michalski were interviewed by Depew police and CSX police after the incident that occurred about 11:43 a.m. Feb. 28 near the Amtrak station in Depew, according to a heavily redacted police report obtained by The Buffalo News through a Freedom of Information Law request.
A video from a camera on the train’s engine recorded the incident and police viewed it, according to the report. A second video of the incident was recorded by a train enthusiast who had his cellphone out at the time, according to the report.
Michalski had either fell or lay down on the tracks shortly before he was struck by the slow-moving train, three law enforcement sources told The News.
The judge, 60, suffered a serious leg injury. On Thursday, Michalski was listed in good condition at Erie County Medical Center. His condition on Friday was unavailable.
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The News requested copies of photos and videos from the investigation, but none were provided by Depew Village Administrator Terry Wachowiak. She cited a section of the Public Officers Law for why the report was heavily redacted and the photos and videos were not released to The News.
At the scene, police searched for any vehicles that might have been associated with the judge, but could not find any, the report stated.
The call to Depew police came in as a “report of a pedestrian struck by a train.” The report indicates police interviewed two witnesses, but their identities are blacked out. The second witness is believed to be a relative of the individual who shot the cellphone video of the incident.
Michalski was struck by the train about two weeks after federal law enforcement agents contacted him to look into his relationship with Cheektowaga strip club owner Peter G. Gerace Jr.
Gerace, 53, was arrested hours after the train hit Michalski and charged with bribing U.S Drug Enforcement Administration Agent Joseph Bongiovanni, narcotics trafficking and sex trafficking. Bongiovanni is charged with accepting $250,000 in bribes to protect drug dealers with ties to organized crime. Gerace, who owns Pharaoh's Gentlemen's Club, is the nephew of the man that prosecutors and federal agents say runs the Buffalo Mafia.
Both Gerace and Bongiovanni, who retired in 2019 shortly before he was charged, have pleaded not guilty in federal court.
Attorney Anthony Lana, a friend of the judge who is assisting him, said Michalski is a longtime friend of Gerace. The attorney said the two met years ago when Michalski was in private practice and performed legal work for Gerace. Lana said he knows of nothing illegal in that friendship.
