Paramus bus crash trial to stay in Morris County after judge rejects venue change request

Svetlana Shkolnikova | NorthJersey

Show Caption Hide Caption School bus crash case to remain in Morris County Matthew Reisig, defense attorney for former school bus driver, Hudy Muldrow, was unsuccessful as he tried to move his clients' case out of Morris Counry. 10/31/19

A state Superior Court judge denied a request by Hudy Muldrow, the driver in last year’s fatal Paramus school bus crash in Mount Olive, to move his upcoming trial out of Morris County on Thursday, clearing the way for jury selection to begin in January.

Muldrow’s attorneys had argued that a barrage of “carnival-like” publicity and public vitriol would deny the 78-year-old bus driver an impartial jury in Morris, Sussex and Bergen counties. Judge Stephen Taylor disagreed, describing media coverage in the aftermath of the crash as measured and fact-based.

“There’s nothing inflammatory in the articles,” Taylor said. “The articles do not denigrate the defendant, they don’t opine on the defendant’s guilt, they point out what the case is about and they make comments on the solemn nature of the proceedings.”

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Muldrow was driving fifth-graders from Paramus' East Brook Middle School to the historic Waterloo Village in Sussex County last spring when he allegedly missed the exit for the town and attempted to steer the bus across three lanes of Route 80 to reach the official-use-only turnaround in the grassy median.

The bus collided with a dump truck and flipped over, killing student Miranda Vargas, 10, and teacher Jennifer Williamson-Kennedy, 51. Forty other passengers and the driver of the truck were also injured.

Muldrow is charged with two counts of reckless vehicular homicide, 25 counts of assault by auto and 16 more charges of assault by auto as a disorderly persons offense.

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In making the case for a venue change, Muldrow's attorney Matthew Reisig accused Morris County Sherriff James Gannon of aligning himself with the prosecution because he attended Muldrow’s arraignment and told a Daily Record reporter that it was a "sad day" and he hoped “justice will prevail.”

Reisig argued that Gannon’s comment and prominence as a Republican could sway potential jurors in Republican-dominated Morris County, where Gannon is up for reelection. Judge Taylor rejected the argument.

“I don’t find anything remotely troubling about the comments. Isn’t justice what we all want?” he said. “It’s simply an accurate statement that it is a sad day. It will continue to be a sad day, each and every day of the trial will be a sad and tragic day and that will occur whether the case is here… or any other county.”

Jury selection for the trial will begin Jan. 6, 2020 and last for two weeks. Opening statements are expected on Jan. 21, 2020.

Family members of the victims solemnly watched the proceedings on Thursday. Joevanny Vargas, Miranda’s father, said in an interview that he was frustrated and emotionally exhausted by the case's many delays. Muldrow’s trial had an original start date in early October.

Thursday's ruling is "a step in the right direction," Vargas said. “But no matter what happens, it’s not going to bring my baby back.”

Svetlana Shkolnikova covers local news and Superior Court in Morris County for NorthJersey.com. For unlimited access to the most important news from criminal trials to local lawsuits and insightful analysis, please subscribe or activate your digital account today.

Email: shkolnikova@northjersey.com Twitter: @svetashko