Plea deal talks again unsuccessful
Lawyers for Hussain to meet district attorney to continue discussions
Lawyers for Nauman Hussain, the Saratoga County man facing the possibility of years in state prison for his alleged role in the 2018 limousine crash in Schoharie that killed 20 people, were unsuccessful again in trying to obtain a plea deal in his criminal case in county court.
Lee Kindlon, Hussain’s Albany-based attorney, and Schoharie County District Attorney Susan Mallery met virtually behind closed doors with Schoharie County Court Judge George Bartlett III on Wednesday afternoon about the possible plea deal, discussions of which do not need to be held in open court due to the sensitive nature of the talks. Hussain, 31, is facing 20 counts each of criminally negligent homicide and manslaughter, both of which could send him to state prison for years if he is convicted at trial.
Mallery, who is facing reelection this fall, must at least entertain a potential guilty plea offer from Kindlon if there are doubts about the strengths of the case. It is unclear what the two sides have proposed and if any settlement would require Hussain to face jail time. Hussain has been free on bond since his April 2019 arraignment, although he is monitored by the court with an ankle bracelet.
Bartlett has the ultimate decision, though, on whether or not to approve a guilty plea in the case, which would preclude a trial. Kindlon could also ask for the charges to be dismissed.
Bartlett has a lot to consider, including that the crash — which involved a group of 17 friends from the Amsterdam area riding in a 34-foot stretch Ford Excursion limo rented from Hussain for a birthday party — was the worst highway transportation disaster in the United States in more than a decade. The tragedy generated international news coverage. Many of those aboard the limo were siblings and newlyweds, some with children.
The crash happened after the limo driver — driving the 17 friends to a brewery in Cooperstown for the birthday party — appeared to get lost or disoriented at the top of steep section of Route 30 just outside the village of Schoharie.
While descending the hill, the Excursion’s brakes failed, according to multiple investigations, and the Excursion plowed into the parking lot of a local tourist destination, the Apple Barrel Country Store, going 100 mph. Two bystanders, visiting from out of town for a wedding, were killed, and all 18 people in the limo, including the driver, also died when the limo crashed into a ditch. No one but the driver was wearing a seat belt.
Prosecutors have alleged that
Hussain knew the limo was not only dangerous but illegal, having been slapped with numerous violations by the state Department of Transportation, which ordered the Excursion off the road twice in the months leading up to the Oct. 6, 2018 crash.
Kindlon and Mallery have now met with Bartlett virtually three times since last month without reaching a conclusion on whether or not a plea deal would be acceptable to him or if he makes the two sides move ahead with Hussain’s trial.
Kindlon told the Times Union after Wednesday’s conference ended that “every effort is being made to balance the equities” with the case.
He and Mallery will meet again with Bartlett on July 21.
“Given the sensitive nature of the case, and the understanding that we are at an inflection point in the negotiations, I cannot comment any further,” Kindlon said.
Mallery was not available when the Times Union reached out to her by phone Wednesday afternoon.
She has has rarely spoken about the case outside of court.