DA doesn't show at Lutai felony hearing

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November 19, 2009

By KIM SMITH DEDAM The Press Republican Fri Nov 20, 2009, 12:37 AM EST

LAKE PLACID — Russian skater Andrei Lutai appeared in Village Court Thursday to face felony charges.

But no attorney from the Essex County District Attorney's Office made an appearance.

Lutai allegedly stole a vehicle Sunday from in front of a service station on Main Street and drove a short distance before being stopped by Lake Placid police.

Lutai was also charged with aggravated driving while intoxicated.

He was scheduled to return to Russia with the rest of his ice-skating team after competing in Skate America earlier this week, but instead the 23-year-old athlete spent three days in Essex County Jail.

At Lutai's arraignment Wednesday, Assistant District Attorney Brian Felton told the court that the prosecution had agreed to drop felony charges in the case.

The felony hearing Thursday was ordered by Village Justice Margaret Doran anyway, to ensure due process.

"Nobody from the District Attorney's Office showed up, and the judge did not dismiss the charges," said Brian P. Barrett, Lutai's attorney. "It's such an abuse of process for the district attorney to put us in this position. My client just has the charges pending, and he is innocent until proven guilty. I am stunned."

Barrett submitted a sworn affidavit from the victim, who owns Central Garage.

"They don't wish charges prosecuted as a result of Mr. Lutai's arrest. They asked that charges be dropped and abandoned," Barrett said.

A misdemeanor charge of driving while intoxicated was also to be reviewed Thursday.

Barrett said he would challenge the DWI on a number of grounds.

E-mail Kim Smith Dedam at: kdedam@pressrepublican.com