WARREN -- The attorneys defending the man charged in the accident that injured Annie Lee of Howland have filed a motion asking that charges be dismissed against him.
Attorneys Jeff Goodman and John Fowler of Warren filed a motion saying the charges should be dismissed against Irving Russ of Warren because the state has lost a tape recording that indicated their client was innocent.
Judge John M. Stuard of Trumbull County Common Pleas Court, who is hearing the case, plans to hold a hearing Thursday to consider the motions and determine whether the case against Russ can proceed on Oct. 30 as scheduled.
Russ, 32, of 2241 Risher Road S.W., is charged with hit-and-run/failure to stop after an accident, tampering with evidence and complicity to tampering with evidence. The charges stem from an accident in which Annie, her 3-year-old brother and her grandmother were struck by a vehicle at U.S. Route 422 and North Road in 2004.
Annie, who was left a quadriplegic because of the accident, died earlier this month, raising questions about whether Russ would face additional charges. None have been filed.
Goodman and Fowler had earlier asked the court to release them from defending Russ because Russ was not cooperating with them.