Defense in Schoharie limo crash case reacts to NTSB report

SCHOHARIE, N.Y. (NEWS10) -- NEWS10 ABC asked both sides in the Schoharie limo crash case for their reaction to the scathing report that spreads blame all the way from the New York Department of Motor Vehicles inaction against the limo company owner to law enforcement for not sharing some evidence with the National Transportation Safety Board.

Schoharie County District Attorney Susan Mallery declined to comment and said she could not discuss the case or the report. But Lee Kindlon, attorney for Nauman Hussain, owner of Prestige limousine, did speak out.

"Unfortunately, we have decided to blame one person in a criminal courtroom where this report makes very clear that a lot of bad decisions from a number of a different actors lead to this tragic accident," Kindlon said.

Kindlon said if there were anyone at the top of the list, it should be Mavis Discount Tire in Saratoga Springs, which worked on the limo's failed brake line.

"There is responsibility that can be spread amongst a number of different people, and Mr. Hussain is one of those people. Why he is the one that we still focus on after two years? When you've got a corporation like Mavis who faked invoices; who lied to Mr. Hussain about the work that was done."

NEWS10's Anya Tucker asked longtime criminal defense attorney Peter Pullano, of Tully Rinckey, PLLC, for his insight on how the case could proceed forward, especially with so many people and entities called into question.

Anya: "Do you think that might confuse a jury as to why the defendant should be held criminally liable here?"
Pullano: "I think it is going to be something that the jury have to separate out and focus on, and it's not going to be easy. Was this a reckless act? Was this a criminally negligent homicide? The burden is on the prosecution to prove [that] beyond a reasonable doubt. There may be reasonable doubt that came out in the report today."

LATEST STORIES

• What to expect in the first presidential debate
• DEC employs rocket-powered solution to tag ducks for hunting season
• Stimulus check update: GOP, Democrats inching closer to aid compromise
• Lawmaker: Trump must answer for 200k+ lives lost to COVID-19 in first presidential debate
• Members of Congress look forward to first presidential debate