Schoharie limo operator appeals time given for trial decision

ALBANY, N.Y. (NEWS10) — The operator of the limo company involved in the 2018 Schoharie limo crash that killed 20 people has filed another appeal. In the appeal, Nauman Hussain's Attorney Steven Sharp calls the 2022 hearing in which his client was given 20 minutes to decide between jail or trial “theatrical” and that his client’s “difficult choice was turned into an impossible one” because of that limited time. An appellate court has decided it’s a sufficient argument to be heard. 

Back in September 2021, Judge George Bartelt granted Nauman Hussain a plea deal of 5 years probation. Bartlet then retired and Judge Peter Lynch assumed the case. In August 2022 Lynch thew out the deal. He then gave Hussain 20 minutes to choose between up to FOUR  years in jail or a trial. Hussain chose trial, was found guilty on 20 counts of criminally negligent homicide, and was sentenced to up to fifteen years in prison.

Attorney Paul Derohernesian who has no ties to this case, broke down the commonality of judges towing out deals. “It's not typical but once another judge is assigned the case that judge makes his or her own evaluation,” said Derohernesian.

At the time Hussain was represented by Lee Kindlon. Current lawyer Steven Sharp told me by phone to imagine being given only 20 minutes to decide on a huge purchase like a house or car — he says that’s the kind of pressure Hussein was under. As for how common appeal about insufficient decision time is—-

“I have seen successful appeals when you're dealing with a juvenile, 16 years of age, and experience being given a short time limits to make a decision. the difference, in this case, is it's an older wiser more counseled individual” said Derohernesian.“I think he had a lot of time” said Kevin Chushing. His son Patrick was one of 20 killed in the crash. While Cushing says Hussain is entitled to an appeal: “the thought of going through another legal process is not anything I'm looking forward to.”

As for what’s next in this case, the brief has been submitted, the District Attorney will respond, and an oral argument before an appellate court will happen in September.