SCHOHARIE, N.Y. (NEWS10) — Schoharie County District Attorney Susan Mallery rested her case against Nauman Hussain on the sixth day of the trial.
The criminal trial of Nauman Hussain is now entering its second week. Hussain is charged with 20 counts of manslaughter and 20 counts of criminally negligent homicide.
Following the final witness testimony, Lee Kindlon, Hussain’s defense attorney, filed a motion to dismiss counts 1-40 on the indictment detailing charges of manslaughter and criminally negligent homicide. Kindlon argued to Judge Peter Lynch there was no way to know what would happen on the day of the crash. He continued to emphasize Mavis misled Hussain about service work and inspections done on the limo.
The motion was denied by Judge Peter Lynch, who said there is legally sufficient evidence to establish manslaughter in the second degree.
Kindlon then rested the defense’s case.
Robert Mower, an investigator in the collision reconstruction unit for New York State Police, was the final witness to testify on behalf of the Schoharie County District Attorney. Mower said he retraced parts of the crash scene during his on-scene investigation to check for evidence that would indicate the cause of the crash.
Fred Rench, special district attorney, walked the jury and Mower through photos of the vehicles involved in the crash, including the Toyota Highlander, Chevy Tahoe and 2001 Ford Excursion Limousine. Photos showed all three vehicles severely damaged and compacted from the impact of the crash.
Mower said he determined the cause of the crash to be brake failure during his investigation, consistent with the report issued by Brian Chase, a vehicle and collision expert hired to do an external investigation.
Closing arguments will begin May 16, 2023 at 10:00 a.m. and then, the jury will deliberate.