Lawyers for Nauman Hussain — the man charged with criminally negligent homicide and manslaughter in the Schoharie limo crash case — are requesting a number of statements be suppressed, arguing he was not read his Miranda rights.
The statements include conversations with state police on the day of the crash or the day after, as well as statements made before the crash.
Some of those dating back to January 2018 focused on getting the limo involved in the crash a terminal roadside inspection and getting it into compliance.
The filing also says the entire indictment should be dropped, arguing the prosecution does not have enough evidence to prove their client caused the crash.
Prosecutors have linked DNA evidence on a DOT sticker that was removed from the vehicle to Hussain, and they say the victims may have never gotten into the vehicle if they saw it.
But the defense team argues that DOT sticker was not linked to brake failure which was a factor in the crash.
Hussain faces 20 counts on each charge and a Schoharie County judge will have until the end of the month to issue a ruling on the motions.
Last week, a lawsuit was filed on behalf of the McGowan family against Mavis Discount Tire for repairs and inspection of the vehicle before the October crash. Erin and Shane McGowan were a newlywed couple killed in the crash.
Hussain's trial is still scheduled to begin in January.