Schoharie limo trial defense attorney Lee Kindlon remains adamant about not having to call any witnesses in the case. That’s because he believes the prosecution’s witnesses did his client more good than harm.
In his words: the prosecution “closed its tent and left the battlefield”.
More than 100 witnesses were expected to testify, but only 24 took the oath.
If limousine company operator Nauman Hussain, 33, is the underdog, it’s because District Attorney Susan Mallery tried to paint him as an irresponsible businessman who thumbs his nose at regulations, wants to win money at any price and that he should have understood the risk he was taking. 18 people in a limousine with faulty brakes.
Employees at Mavis Discount Tire testified under oath that they falsified the invoices, leading Hussain to believe the limo’s brakes were fixed. They also said they fraudulently placed a New York State Department of Transportation inspection sticker on the windshield, even though they hadn’t done any of the safety checks. That’s enough to pin the blame on Mavis, Kindlon argued.
Kindlon argued for a dismissal, which Judge Peter Lynch denied.
Ultimately, the jury will decide whether there is sufficient evidence to acquit Hussain of criminal culpability and whether he fulfilled his responsibility as a conscientious employer.
Closing arguments are scheduled for Tuesday morning, with deliberations to follow.
BREAKING NEWS – The judge sends the jury home for the day, telling them that summations will take place tomorrow.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS – Suggesting that a reasonable person could find reason to believe that Nauman Hussain acted recklessly, which could amount to manslaughter, Judge Lynch rejects Kindlon’s second dismissal application.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS – Now that all the evidence is in on both sides, Kindlon renews his dismissal request.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS – Defense rests after calling NO WITNESS.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS – Judge Lynch denies motion to recuse himself.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS – Judge Lynch reserves decision on COMPANION issue. Take a ten minute break.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS – Defense lawyer Lee Kindlon, reiterating that Mavis lied to his client about the limo repair, is asking the judge to dismiss the charges against Nauman Hussain. DA Susan Mallery argues that Hussain was responsible for repairing, maintaining and inspecting the vehicle.
— Dan Levy (@dlevywnyt) May 15, 2023
BREAKING NEWS- People have rested their case in Nauman Hussain’s Schoharie limo trial.
— Dan Levy (@dlevywnyt) May 15, 2023
For related stories: Judge Peter Lynch Lee Kindlon Mavis Discount Tire Schoharie Limo Crash Nauman Hussain
