PERU — A Clinton County grand jury is set to hear evidence in the death of Crisie L. Luebbers later this week.

Clinton County District Attorney Andrew Wylie said the cases against Craig A. Foster, 37, of Keeseville and Nicole M. Cayea, 42, of Schuyler Falls, who each face a charge of second-degree murder, are scheduled to be presented Thursday and Friday.

CHARGED IN JULY

State Police charged Foster and Cayea with murder in early July after Luebbers' body was found at 98 Blake Road in the Town of Peru.

Court documents obtained by the Press-Republican indicate Foster was released following arraignment on drug charges hours before Luebbers' death occurred at 1 a.m. July 1.

Police have said they were called to the Peru home for a reported disturbance the night of July 5. They have not released details about how Luebbers died, though Clinton County Coroner Chad Deans has ruled her death a homicide.

Foster and Cayea also face a criminal possession of stolen property charge for allegedly stealing a Ford Escape the 46-year-old Lyon Mountain woman had borrowed from an acquaintance. The vehicle was later recovered in Massachusetts.

Wylie said he is unable to discuss whether his office will pursue additional charges against Foster and Cayea for the grand jury indictment until after the case has been presented and voted upon.

WON'T TESTIFY

Both Foster and Cayea had been scheduled to reappear in Peru Town Court Tuesday afternoon.

Cayea's attorney, Peter Dumas of Malone, requested an adjournment Tuesday morning. Foster appeared alongside his attorney, Allan Cruikshank of Plattsburgh.

Cruikshank told Peru Town Justice James Kirby that he had received notice of the people's intent to present their case to a grand jury. 

He said Foster does not intend to testify during those proceedings, and told media after the appearance that he couldn't speak to whether there had been discussions about a plea agreement.

Dumas did not return a request for comment Tuesday evening on whether or not Cayea planned to testify to the grand jury. 

'HOLDING PATTERN'

Cruikshank said in court that he had received all discovery, or evidence, from the DA's office.

Dumas had told the Press-Republican Tuesday morning that he was going through it himself and giving it to Cayea so she could as well.

Kirby scheduled Foster's next court appearance for Tuesday, Oct. 5.

Both attorneys plan to continue representing their respective clients.

"We’re just kind of in a holding pattern," Dumas said.

Cayea and Foster remained in custody at Clinton County Jail Tuesday.

Email Cara Chapman:

cchapman@pressrepublican.com

Twitter: @PPR_carachapman

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