Killer Abuses Court System With Multiple Attempts to Get Out of Prison
Post 5178
Posted on August 29, 2025 by Barry Zalma
See the full video at https://rumble.com/v6y6ule-convicted-of-arson-murder-must-stay-in-jail.html and at https://youtu.be/nnUpStLmDoM
Attempted Arson for Profit that Resulted in Death Requires Life in Prison
In Suresh Kumar v. United States, No. 1:22-cv-4874 (MKV), United States District Court, S.D. New York (August 26, 2025) Kumar, convicted of arson for profit where four people died sought to be let out of jail by filing a Habeas Corpus motion.
BACKGROUND
Suresh Kumar was convicted by a jury of multiple felonies for his role in burning down a hotel he owned for insurance money. Four people died, and fifteen others were injured. Kumar was only sentenced to life in prison.
Kumar pursued multiple previous challenges to his conviction and sentence, which have withstood both direct appeal and collateral attacks. Kumar now petitions for a writ of habeas corpus arguing actual innocence and citing Supreme Court cases.
THE CRIME
Suresh Kumar owned and operated a Howard Johnson hotel in Bowling Green, Kentucky together with his wife and her brother, Dave Sharma. In 1996, a fire destroyed the hotel, killed four people, and injured fifteen others. Kumar later filed an insurance claim seeking more than $4.5 million. A federal grand jury indicted Kumar and Joe Logan, a hotel janitor and the government also sought to arrest Sharma, who fled the country.
THE TRIAL
The government, at trial, argued successfully that Kumar and Sharma, together, had conspired to offer Logan money to start a fire, which Logan did. The jury convicted Kumar of all three counts with which he was charged:
1. conspiracy to commit arson;
2. arson resulting in death and aiding and abetting the same and mail fraud.
Kumar was sentenced to life imprisonment. The sentencing court found that “Mr. Kumar acted knowingly or with awareness that his actions were practically certain to create a substantial risk of death or serious injury.”
Kumar filed a direct appeal, and the United States Court of Appeals for the Sixth Circuit affirmed his conviction and sentence. The Sixth Circuit considered and rejected Kumar’s arguments. The Supreme Court of the United States denied Kumar’s petition for certiorari. Thereafter, Kumar filed a petition for habeas corpus arguing that he had received ineffective assistance of counsel, among other things. The district court denied the petition, and the Sixth Circuit affirmed. Kumar v. United States, 163 Fed.Appx. 361 (6th Cir. 2006).
Kumar is now imprisoned at FCI Otisville, which is located in the Southern District of New York. He argued that he is innocent, at least with respect to his conviction for arson resulting in death, aiding, and abetting the same because he lacked the required mental state for intent.
Kumar contends he did not intend or know that the hotel fire would cause death.
DISCUSSION
The Court lacks jurisdiction to entertain Kumar’s § 2241 petition. Kumar’s § 2241 petition is precisely what the Supreme Court rejected as an “end-run” around the strict limitations on successive 2255 petitions imposed by AEDPA.
Kumar argued that the trial court should have instructed the jury to determine if Kumar was willing to aid and abet. There is no authority for Kumar’s proposed instruction.
There is absolutely nothing unusual about a defendant arguing that a sentencing court should have applied a downward departure or that a trial court should have instructed the jury differently.
In essence Kumar is asking that after serving 27 years in prison and at the age of approximately 70, Kumar has served enough time in prison.
Of course, the Court has no authority to commute his sentence.
The petition for a writ of habeas corpus was DENIED and the case was DISMISSED.
ZALMA OPINION
Arson for Profit is the most evil and violent form of insurance fraud. In this case, an attempt to gain $4.5 million in insurance proceeds, Kumar conspired with others to cause his hotel to burn killing four guests and injuring fifteen. He was convicted and sentenced, properly, to life in prison. Since his sentence he has filed multiple appeals and petitions all of which failed. It is understandable that he wants out of prison but his crime required life in prison and he will die in prison complaining every day to any court willing to listen to him.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Convicted Criminal Seeks to Compel Receiver to Protect his Assets
Post number 5291
See the video at and at and at https://www.zalma.com/blog plus more than 5250 posts.
The Work of a Court Appointed Receiver is Constitutionally Protected
In Simon Semaan et al. v. Robert P. Mosier et al., G064385, California Court of Appeals, Fourth District, Third Division (February 6, 2026) the Court of Appeals applied the California anti-SLAPP statute which protects defendants from meritless lawsuits arising from constitutionally protected activities, including those performed in official capacities. The court also considered the doctrine of quasi-judicial immunity, which shields court-appointed receivers from liability for discretionary acts performed within their official duties.
Facts
In September 2021, the State of California filed felony charges against Simon Semaan, alleging violations of Insurance Code section 11760(a) for making...
When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally
Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
Facts
Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
Opiod Producer Seeks Indemnity from CGL Insurers
Post number 5288
Read the full article at https://lnkd.in/guNhStN2, see the full video at https://lnkd.in/gYqkk-n3 and at https://lnkd.in/g8U3ehuc, and at https://zalma.com/blog plus more than 5250 posts.
Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
KEY FACTS
Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
Endo filed Chapter 11 in August 2022; before bankruptcy it ...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
You Get What You Pay For – Less Coverage Means Lower Premium
Post number 5275
Posted on January 30, 2026 by Barry Zalma
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When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
