Norwich businessman Zane Megos remains incarcerated on violation of probation by attempting to rent a condemned apartment; however, his attorney said Thursday the state will not prosecute the charges stemming from that incident because of an “absent witness.”

Megos was scheduled to appear in Norwich Superior Court on Thursday for a trial hearing on the underlying charges of attempted third-degree larceny, criminal impersonation and third-degree forgery. But the charges were nolled after Megos' attorney Kenneth Leary and Assistant State Prosecutor Rafael Bustamante met privately with Judge John Newson.

Leary said afterward that the three charges were nolled due to an “absent witness,” meaning the state will not prosecute the charges. Three unrelated motor vehicle charges and another unrelated charge of possession of narcotics also were dropped, Leary said.

The court clerk confirmed the nolle action later Thursday, but could not specify the reason.

Megos currently is serving five years in prison on the violation of probation conviction handed down Feb. 9 by New London Superior Court Judge Omar Williams following a two-day hearing. Williams' ruling and sentence stand, despite the court action Thursday. Victim Nicole Foster testified at the hearing that she had paid Megos $2,925 in three installments for an apartment at 467-469 N. Main St., Norwich, that was condemned at the time.

Bustamante and a state probation official argued at the violation of probation hearing that the charges represented a continuation of Megos' pattern of behavior of taking rental deposits for condemned or otherwise unavailable apartments. He was on probation after pleading guilty to misdemeanor charges from prior similar cases.

Megos has appealed the violation of probation conviction, based on his argument that the apartment was to have been inspected for final permits. Megos accused city building inspectors of bias against him and his maintenance worker.

The appeal is pending in state Appellate Court. The state's attorney asked for an extension to Dec. 29 to file a brief. Leary, who filed his brief in July arguing that Williams was erroneous in several aspects of his ruling, said Thursday he voiced a verbal objection to the delay in the state's appeal brief, saying it only would prolong his client's incarceration.

Megos was transported to court in a prison van Thursday but did not enter the courthouse. Leary said Megos has been hospitalized recently for a badly swollen leg and is using a wheelchair. Leary consulted with Megos in the van prior to meeting in the judge's chambers on the underlying charges. Leary said Megos would have rejected any offer of a plea deal on those charges.

“Zane's position was that he was not willing to plead to any of those underlying charges,” Leary said Thursday, “because he hasn't done anything wrong. ... I'm optimistic on our appeal.”

c.bessette@theday.com