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Alleged victim takes stand in Agan murder, rape case

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    David Agan Jr. listens to opening statements from the defense counsel in Columbia County Court on Thursday.
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    Columbia County District Attorney Paul Czajka speaks to Assistant District Attorney Ryan Carty during the murder trial of David Agan Jr. on Thursday in Columbia County Court.
January 12, 2018 11:30 pm Updated: January 13, 2018 10:54 am

HUDSON — David Agan Jr. admitted to sleeping with a relative in a letter to the alleged victim while he was in jail accused of stabbing his wife, according to testimony in Columbia County Court on Friday.

Agan, 44, has been indicted by a grand jury on one count of murder in the first degree, a Class A1 felony, 15 counts of third-degree rape, 96 counts of third-degree incest and 28 counts of third-degree criminal sexual act.

State police were called to the Valatie Medical Arts Building at about 2 p.m. on Dec. 10, 2015, for a report of an assault. When troopers arrived, they found 37-year-old Christina Agan, of Kinderhook, dead from a stab wound inflicted by a screwdriver, according to state police.

Columbia County District Attorney Paul Czajka has said Agan killed his wife to prevent her from reporting to authorities he was having sex with a relative.

The defense has stipulated in Columbia County Court that Agan’s actions led to the death of his wife, but the jury will decide if he is guilty of first-degree murder.

All the sex-related allegations occurred between January 2014 and December 2015, according to an indictment.

The alleged victim testified about engaging in sexual conduct every week from January 2014 until Dec. 10, 2015, with the exception of two weeks.

The sexual conduct stopped entirely after Christina Agan’s death, the alleged victim testified.

Agan and the alleged victim, who testified in court, were permitted to leave the courtroom while one of the letters was read aloud to the jury by Assistant District Attorney Ryan Carty, who is helping to prosecute the case.

The Register-Star does not identify alleged victims of sex crimes.

In the letter, Agan proposed marriage to his alleged victim, writing he wanted to have a child and, “I love and desire you so much.” Agan also wrote, “To love you is sin.”

Agan allegedly asked for help to raise money to assist in his defense in the murder trial.

Earlier on Friday, several witnesses who were working inside the Valatie Medical Arts Building the day of Christina’s death testified about what they saw and heard.

Kelly Laraway, a nurse, said she went out to the hallway to see David Agan standing over a woman while repeatedly stabbing her, adding there was blood all over the floor.

Kathleen Donohue, a receptionist, testified the building had no security and that David was a patient at the Valatie Medical Arts Building for the last five years.

Dominica Lizzi, a licensed clinical social worker who previously worked at the Valatie Medical Arts Building, testified she regularly met with Christina at 2 p.m. each Thursday up to a year before her death.

Lizzi recommended domestic violence shelter services to Christina, which she was considering toward the end of her treatment, Lizzi said.

Christina was increasingly concerned about an excess of physical intimacy and a lack of emotional boundaries between David and his relative, Lizzi said.

During one of two couple’s counseling sessions with David and Christina, Lizzi said she questioned the relationship between him and the relative. Lizzi said Agan began to “sweat profusely.”

During one session, Agan became so angry he stormed out of the office and told Lizzi to “go f*** herself,” Lizzi said.

Fearing for her safety, Lizzi declined to see Agan again.

In her position, Lizzi is required to report child abuse and suspicions of child abuse to authorities.

Columbia County Court Judge Richard Koweek reminded the jury Lizzi did not witness the alleged sex acts, but was testifying about Christina’s state of mind at the time.

The trial will resume Tuesday at 9 a.m. Columbia County Court is closed for Martin Luther King Jr. Day.

To reach reporter Amanda Purcell, call 518-828-1616 ext. 2500, apurcell@thedailymail.net, or tweet @amandajpurcell.