Judge denies attorney’s request in Schoharie limo crash
Nauman Hussain, the operator of the limousine company involved in the 2018 Schoharie limo crash, must keep his ankle monitor on. That was the decision after a Wednesday morning court appearance.
It’s been more than four years since that crash. Twenty people were killed.
At his last court appearance in August, the judge denied his initial plea agreement.
According to New York law, the person is supposed to wear the monitor for 60 days. October 30 would make 60 days.
Hussain’s attorney, Lee Kindlon, argued that his client has been a model citizen the last four years. Kindlon says his client has never missed a court date and has complied with probation. He argues that Hussain barely leaves the house. He argued that Hussain should be able to take off the monitor on October 30.
The Schoharie County district attorney disagreed. She told the judge that having the ankle monitor and bond are ways to ensure Hussain will show up to court. She also brought up the fact that Hussain has had multiple traffic offenses, and she says back in 2014 he impersonated his brother.
Kindlon believes those are in the past and are not relevant to the current case.
Judge Peter Lynch heard both sides, but ruled that having the ankle monitor is necessary to guarantee the defendant shows up for court.
“So probation had written a memo saying basically hey judge he is doing great. There is no need to keep this ankle monitor on. The judge went against the probation recommendation at defense request to take off the ankle monitor,” said Kindlon.
Kindlon says he plans to file an appeal.
There has been some back and forth in the last few months after Lynch pulled Hussain’s plea deal. That deal called for five years of probation.
Now with the deal off the table, this case that appears headed for trial.
Schoharie County District Attorney Susan Mallery says she is unable to comment because it is an ongoing case.
The next court date will be Dec. 21. The trial starts on May 1.