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Prosecutors in the case of the limo company operator involved in the upstate New York crash that killed 20 people have three weeks to turn over what the defense says is evidence that could help clear its client, a judge has ruled.

Nauman Hussain, 29, was running Prestige Limousine at the time of the horrific Oct. 6, 2018, limo wreck in Schoharie and has been charged with criminally negligent homicide and manslaughter in the case.

Susan MalleryFacebookSusan MalleryFacebook

Prosecutors have alleged that Hussain knew the driver of the limo was not properly licensed and that the limo was dangerous, according to the Albany Times Union. Hussain has pleaded not guilty to the charges.

A motion filed earlier this month by Hussain’s lawyers, Jospeph Tacopina and Lee Kindlon, asked Schoharie County Court Judge George Bartlett III to direct local District Attorney Susan Mallery to hand over the grand jury minutes that led up to Hussain’s indictment, as well other materials that they said could be exculpatory, the Daily Gazette reported.

It’s not clear what that potential evidence is.

In a Sept. 25 letter to the judge, Mallery asked Bartlett to give her three weeks to “adequately and accurately” respond to the defense motion, which the judge granted.

The motion filed by the defense also asked the court to dismiss all charges against Hussain for “insufficient evidence” — and to keep out of the trial any statements Hussain gave to police in the wake of the crash.

The crash involving the out-of-control stretch limo owned by Prestige — a customized 2001 Ford Excursion — killed the driver and all 17 passengers inside, including four sisters and three of their husbands headed to a birthday party for one of the sisters, as well as two bystanders.

Nauman HussainREUTERSNauman HussainREUTERS
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