Lutes faces trial on three charges
Three of four charges levied against Brian K. Lutes for allegedly disrupting a Fayette County Commissioner’s meeting were held over to court Wednesday. District Justice Jesse J. Cramer in Belle Vernon heard from each of the three county commissioners and Chief Deputy Sheriff Larry Goldberg, and watched a video of remarks Lutes made at last year’s Aug. 30 commissioners’ meeting prior to his ruling.
During a public comment period at that meeting, Lutes reportedly told the commissioners about a news report in which a Chinese butcher frustrated with bureaucracy cut up four government officials with a meat cleaver.
Following his recitation of that story, Lutes reportedly told the commissioners, “It sounds like a plan to me.”
At the request of the commissioners, Goldberg asked Lutes to leave the meeting, but Lutes reportedly refused.
First Trial Assistant District Attorney Joseph M. George Jr. said Cramer held over charges of disrupting meetings and processions, defiant trespass and a summary harassment citation. A disorderly conduct charge was dismissed.
George said disrupting meetings, a misdemeanor of the third degree, is the most serious charge. If convicted, Lutes could face a maximum jail term of one year, said George.
Contacted after the Wednesday morning preliminary hearing, Lutes said he and his attorney David Millstein of Youngwood were “disappointed but not surprised” at the decision. He said that his research shows that Commissioners Sean M. Cavanagh and Vincent A. Vicites each gave campaign contributions to Cramer last year.
Lutes said one of them was for $50 and the other was for $100, but he wasn’t certain which commissioner gave what amount. He also said that Vicites and Cavanagh each spoke in praise of Cramer’s son regarding his role in a veterans’ memorial in Washington Township.
“They gave speeches and said what a great young man he was, and (they also) gave money out of the county budget (for the project),” said Lutes.
While admitting that he’s limited in what he can say about the case, Lutes said that in general he believes he will be exonerated. He has maintained all along that he was only exercising his freedom of speech.
“I think it’s terrible any time government officials hold the Constitution in disdain. I think this just shows their contempt for the freedoms it affords,” said Lutes. “We’re looking forward to (the case), getting it into a court of law. We believe we’re going to prevail, eventually. It just may take time to get it out of Fayette County (court).”
Lutes said he believes that his court arraignment is scheduled for June 20, but isn’t absolutely certain of that date.
This is the second time prosecutors have brought these charges against Lutes. In December, Lutes had a preliminary hearing before then-District Justice Lawrence Blair, who dismissed the matter.
Prosecutors were able to refile the charges, however, because Blair failed to rule on the summary harassment charge presented during the hearing.
Chief County Detective Lawrence Curry refiled the charges in January, and prosecutors asked for a change of venue because Blair’s post had been taken over by his son, Mark.
President Judge William J. Franks granted the request and sent the matter to Cramer’s office.
These are not the first charges filed against the self-professed citizen’s advocate.
Lutes and fellow commission-critic George Haggerty were each convicted of summary harassment and disorderly conduct counts for an April 2000 incident outside the courthouse. During a verbal argument between Lutes, Haggerty and Commissioner Sean M. Cavanagh, Lutes poked Cavanagh.
An appeal by Lutes and Haggerty to the state Superior Court was recently denied.
While Lutes was also charged with spitting water on Jeraldine Mazza at the Uniontown Mall in October, those charges were dismissed at the preliminary hearing level. Mazza, a Cavanagh supporter, is also a frequent attendee of commissioners’ meetings.