Felony chargesexpected to be dropped after hearing today; DWI still an issue

LAKE PLACID — Russian Olympic hopeful Andrei Lutai was released from County Jail Wednesday on his own recognizance with proviso from the Russian Consulate General.

His attorney Brian P. Barrett said felony charges against the young athlete have been dropped.

The 23-year-old ice-skating champion spent three days in Essex County Jail after being arrested late Sunday night for allegedly stealing a car parked in front of a Main Street service station. Keys had been left in the vehicle, a 2008 Chevrolet Impala.

The business owner saw the car being driven away and called police. Lutai was arrested a few minutes later.

The young athlete was escorted by deputies from Essex County Jail to Lake Placid Village Court Wednesday night wearing a striped prison-issue uniform and County Jail orange slippers, his hands bound in cuffs.

"It was my understanding felony charges were going to be dropped," Barrett said to Village Justice Margaret Doran.

Assistant District Attorney Brian Felton said the prosecution agreed to release Lutai.

"My office does not intend to proceed with a felony hearing. The people are recommending ROR (release on his own recognizance) status on misdemeanor charges."

Doran said she would not permit the felony case to be dropped without a formal hearing, though Barrett protested, saying Lutai hoped to be on a plane back to Russia by Friday.

"My client cannot leave the country with a felony charge. It was our absolute understanding the felony complaints were going to be dropped," Barrett said.

Doran said she wanted to be certain victims were not pursing charges, and she scheduled a felony hearing for 4 p.m. today.

Barrett produced numerous documents, including one letter from the Russian Consulate General stating Lutai has no prior criminal record in Russia or in any country.

A representative from the Russian ambassador's office was in the village courtroom, along with the manager of the Russian Skating Federation team, who also attested to the athlete's clear record.

Lutai watched the proceeding, staring ahead quietly, turning sometimes to look at translator Lenny Kasten, manager of the U.S. Bobsled Team, who speaks fluent Russian.

The attorneys stopped discourse at times to let Kasten explain to the defendant all that was being said.

After setting the hearing date, Doran issued paperwork suspending Lutai's driving privileges in New York state, which the defendant signed while handcuffed.

She said police recorded his blood-alcohol level was 0.19, and Lutai still faces misdemeanor charges of aggravated driving while intoxicated and unlawful use of a motor vehicle.

Felton said the DA's office is "ready for trial on aggravated DWI."

Barrett said he will formally request a waiver of appearance for his client, allowing him to "stand in Mr. Lutai's shoes."

Neither Lutai's handlers nor Barrett would let him speak with the media that crammed into the hallway to capture footage of the athlete's swift passage from police headquarters to the courtroom.

Four Russian broadcast companies covered the arraignment proceedings.

The journalists, based in New York City, said Lutai's case was being viewed by Russians as more of a scandal than an outrage.

Lutai competed in Skate America Individual Men's competition Saturday, a precursor to the Winter Olympics.

After the arraignment, Kasten, who has had numerous discussions with the athlete, said, "I think he feels very uncomfortable with what happened."

Reached earlier Wednesday, Essex County Assistant District Attorney Michael Langey said the Russian national would be treated as any American citizen would facing the same charges.

The DA's office will dispose of charges brought in Lake Placid. "Then we will contact Immigration and Customs Enforcement and tell them what happened," he said. "We will keep the case until it is resolved."

DWI charges may not impact a foreign national from leaving America, Langey said.

"It might be a problem for him getting back in, or into, other countries, such as Canada. I do know they (immigration) have waivers for special events. But that is all up to him and the Russian skating team."

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