Lawsuit claims judge in Schoharie limo crash overstepped bounds
[anvplayer video=”5149342″ station=”998132″]
NewsChannel 13 has obtained a copy of a lawsuit filed by lawyers who represent the operator of the company involved in the deadly 2018 limo crash.
The 378-page lawsuit alleges Judge Peter Lynch abused his discretion by not abiding by the terms of the agreement that would keep Nauman Hussain out of jail.
Hussain was the operator of the company that owned the limo that crashed in Schoharie in 2018, killing 20 people.
It spells out how Hussain thinks Lynch overstepped his bounds by not honoring the agreement that had been in place for several months, and would have him serve four more years’ probation.
It reads:
“Judge Lynch’s unauthorized conduct…causes undue harm to not only one individual but to the criminal justice system as a whole, which relies upon the integrity of plea negotiations to function.”
The suit spells out some of the reasons the prior judge agreed to the deal, including the evidence that
Mavis Discount Tire claimed to have repaired the car’s brakes, when they hadn’t. It says the judge had no new reason for rejecting the deal.
“Judge Lynch erroneously rejected without any new information…in spite of his predecessor not only approving the agreement, but participating in reaching its terms.”
It also calls out the judge for giving Hussain just 15 minutes to withdraw his plea back on August 31 and it asks that it be reinstated.
“Reinstate guilty plea which Judge Lynch improperly impelled…through undue coercion, lack of sufficient opportunity to confer with counsel.”
It also argues that the judge ignored the community service that Hussain had already performed as part of the plea agreement.
“Despite Hussain completing 572.5 of community service over the course of an entire year…”
The judge has scheduled trial to begin May 1, but the lawsuit also seeks to “stay” or pause the proceedings until the appellate division reaches a decision.
[anvplayer video=”5149342″ station=”998132″]
NewsChannel 13 has obtained a copy of a lawsuit filed by lawyers who represent the operator of the company involved in the deadly 2018 limo crash.
The 378-page lawsuit alleges Judge Peter Lynch abused his discretion by not abiding by the terms of the agreement that would keep Nauman Hussain out of jail.
Hussain was the operator of the company that owned the limo that crashed in Schoharie in 2018, killing 20 people.
It spells out how Hussain thinks Lynch overstepped his bounds by not honoring the agreement that had been in place for several months, and would have him serve four more years’ probation.
It reads:
“Judge Lynch’s unauthorized conduct…causes undue harm to not only one individual but to the criminal justice system as a whole, which relies upon the integrity of plea negotiations to function.”
The suit spells out some of the reasons the prior judge agreed to the deal, including the evidence that Mavis Discount Tire claimed to have repaired the car’s brakes, when they hadn’t. It says the judge had no new reason for rejecting the deal.
“Judge Lynch erroneously rejected without any new information…in spite of his predecessor not only approving the agreement, but participating in reaching its terms.”
It also calls out the judge for giving Hussain just 15 minutes to withdraw his plea back on August 31 and it asks that it be reinstated.
“Reinstate guilty plea which Judge Lynch improperly impelled…through undue coercion, lack of sufficient opportunity to confer with counsel.”
It also argues that the judge ignored the community service that Hussain had already performed as part of the plea agreement.
“Despite Hussain completing 572.5 of community service over the course of an entire year…”
The judge has scheduled trial to begin May 1, but the lawsuit also seeks to “stay” or pause the proceedings until the appellate division reaches a decision.