Schoharie limo trial heads to the jury far earlier than expected - Albany Times Union

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Judge rejects request by Nauman Hussain's attorney to dismiss charges after Schoharie County DA Susan Mallery winds up prosecution case

SCHOHARIE — Nauman Hussain’s trial in the deadly Schoharie limo crash will go on after state Supreme Court Justice Peter Lynch quickly rejected a defense request Monday to dismiss all charges.

But the trial could be headed for a conclusion — potentially as early as this week — after Schoharie County District Attorney Susan Mallery rested her case Monday morning after just six days of witness testimony.

After Lynch rejected his request to throw out the case, Hussain’s attorney Lee Kindlon rested without calling witnesses.

Mallery and Frederick Rench, a special prosecutor hired to assist her, spent just five days questioning witnesses and entering exhibits trying to prove the top charge of manslaughter against Hussain, who they assert is responsible for the Oct. 6, 2018, crash.

Twenty people died that day when an 18-passenger stretch Ford Excursion limo that Hussain would rent out for proms, wedding and parties, crashed into the parking lot of the Apple Barrel Cafe, a popular tourist destination located just outside the village.

The driver, who was taking a group of 17 friends from Amsterdam to a brewery outside Cooperstown, lost control of the Excursion as it was descending a steep section of Route 30 in the direction of the restaurant and gift shop. It ended up smashing into a parked SUV, killing two bystanders, and slamming into a stream bed. Everyone inside the Excursion, including the driver, died from their injuries.

Massive brake failure was to blame, state and federal investigators concluded.

When Mallery announced Monday morning that she was done presenting evidence, the jury was sent out of earshot to the deliberation room and Kindlon asked Lynch to dismiss the charges against his client — 20 counts each of second-degree manslaughter and criminally negligent homicide. He argued that Mallery did not provide enough evidence to prove her case to jurors.

But Mallery cited to Lynch many instances where Hussain had been warned that the brakes on the 31-foot Excursion might not be safe, despite Hussain’s repeated attempts to have them fixed at the Mavis Discount Tire auto repair shop in Saratoga Springs.

Mallery also had several witnesses testify that they had told Hussain he could not rent out the Excursion to the public until he obtained state operating authority, which requires a state Department of Transportation inspection of the vehicle every six months and adherence to a preventive maintenance program.

Hussain had also been told by a State Police trooper just six weeks before the crash that driver Scott Lissinichia was unqualified and would need to obtain a special “passenger” endorsement on his commercial driver’s license before he could legally drive customers in the Excursion going forward.

Lissinichia, who never obtained the endorsement, was driving on the day of the crash.

“He (Hussain) knew he could not guarantee the safety of the vehicle,” Mallery argued. “It is our position that we have proved recklessness.”

Lynch retired to chambers to consider Kindlon’s motion and the case law it cited, but returned to announce his rejection a short time later.

“There is legally sufficient evidence” to support the manslaughter and criminally negligent charges, Lynch said. “The motion to dismiss is denied.”

The jury was sent home shortly after Lynch made his decision. Closing arguments will be held Tuesday after Lynch instructs them on the law.

The trial was initially expected to last up to six weeks with Mallery saying she would call up to 136 witnesses.

But after five days of jury selection, Mallery got through her case in just a week, much faster than expected.

However, that’s partially due to the fact that Lynch wanted to minimize any graphic testimony by police or first responders, only allowing it sparingly when absolutely needed. Only three family members of the victims were called to testify, even though the witness list had included many more. Lynch also did not allow any gruesome photos of the victims into evidence.


More: https://www.timesunion.com/schohariecrash/article/prosecution-rests-case-schoharie-limo-crash-case-18099468.php?sid=629f2cbc11d30ff431018548&ss=A&st_rid=743c9179-838a-4be3-b49f-ad2d0e33494f&utm_source=newsletter&utm_medium=email&utm_term=headlines&utm_campaign=altu%20%7C%20limocrash#