Jury acquits Lutes of disrupting commissioners meeting
Brian K. Lutes, a frequent critic of Fayette County government, was acquitted Monday of disrupting a commissioners meeting in August 2001. Holding to his belief that the comments he made during the meeting were protected under the First Amendment, Lutes thanked the jurors for using common sense to come to their verdict.
At the meeting, Lutes told the commissions that a Chinese butcher fed up with bureaucracy hacked four meat inspectors to death. He then said, “sounds like a plan to me,” causing a stir at the Aug. 30 meeting.
That prompted Chairman Vincent A. Vicites to recess the meeting and call for Lutes’ removal. Although Lutes did not immediately leave, as a video of the meeting played a trial showed, he did leave when Sheriff Gary D. Brownfield and Chief County Detective Lawrence Curry showed up.
Lutes’ attorney, David J. Millstein, said jurors “obviously believed that (Lutes) didn’t disrupt the meeting or didn’t intend to disrupt the meeting.”
“It’s a little foot in the door for free speech in Fayette County,” said Millstein of Greensburg.
In his closing remarks to jurors, Millstein told the panel that political speech was the most protected speech in America.
“We are privileged to be able to criticize our public officials in a robust and hearty manner,” he said, noting that Lutes had no weapons with him nor did he make any move of violence.
“It was a hyperbole. It may have been in bad taste, but it’s a hyperbole none the less,” said Millstein.
First Trial Assistant District Attorney Joseph M. George Jr. asked jurors to think about what would happen if someone told the president in a public forum that assassination sounded like a plan.
“What do you think would happen to that guy? Do you think they would carry on with the meeting?” questioned George.
He also called the First Amendment defense one of “smoke and mirrors” noting that Lutes could have disrupted the meeting without words.
“This is not what our forefathers intended,” said George.
Trial testimony took only about 90 minutes. The five-woman, seven-man panel took about the same amount of time to render a not guilty verdict.
Judge Gerald R. Solomon said he would follow the lead of the jury, and acquitted Lutes of harassment and defiant trespass. Both were summary citations, which are decided upon by the judge, not jurors.
During testimony, Vicites, along with commissioner Sean M. Cavanagh and Ronald M. Nehls, testified that they felt threatened by Lutes’ comments at the meeting.
In light of public shootings such as Columbine, Nehls testified he was taken aback by Lutes remarks.
Cavanagh, meanwhile, told jurors that he felt it was “horrifying that someone could incite violence.
“It was chilling. (Lutes) was basically saying I should be hacked to death with a machete,” said Cavanagh.
Both he and Vicites testified that after Lutes made his comment, people in the meeting room started talking loudly, gasping at what had been said.
“It was almost like someone screaming fire in a movie theatre,” said Cavanagh.
Vicites referred to the reaction as a “pandemonium situation.”
After the verdict was handed down, Cavanagh said Lutes was “pretty darn warped” for making the comment, but noted that he did believe in freedom of speech.
“Ted Bundy and Charles Manson – these are the kinds of people who do and say things like that,” said Cavanagh.
He also pointed out that Lutes had been previously convicted of accosting him after commissioners meeting. The charges were all summary in nature and Lutes was fined.