By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Jan 17 - Sayfullo Saipov is now in a trial that may result in the death penalty for killing eight people with a van along the West Side Highway.
On May 4, 2022 U.S. District Court for the Southern District of New York Judge Vernon S. Broderick held a conference on the case and Inner City Press live tweet it here and below.
On January 6, 2023 after a long jury selection that Inner City Press covered, some below, Judge Broderick confirmed that the trial would start January 9. And it did.
On January 9, 2023, Inner City Press was presented and live tweeted, thread here.
On January 10, 2023, witnesses from families run down by Saipov testified, with interpreters, and the day ended with a video of Home Depot. One juror wants to ask questions about Saipov' driver's license, another if he is an alternate. Inner City Press was there, thread here.
On Day 3, there were more victims, including from Argentina - and now a five day break, as the US case, or first part of the case, is moving quickly. Inner City Press live tweeted thread here
On January 16 - MLK Day - the Federal Defenders filed a motion or notice with Judge Broderick that if Saipov is convicted in this liability stage of any capital count, the alternate jurors should be dismissed, under the Federal Death Penalty Act. This means that losing a single juror in the second phase would put it all back to square one, August 2022.
On January 17 the trial re-started... sort of. A juror had emailed Judge Broderick's chamber and there ensured five hours of entirely sealed questioning of jurors (we'll have more on this). Inner City Press' live tweeted thread here:
OK - now death penalty trial of Saipov resumes. Judge Broderick speaking before jury comes in - about a juror note that he says he won't make public at this time.
Jury problems in death penalty case: Judge Broderick: I propose to question each juror in the jury room under oath. Mr. Patton, ask your client if he will waive his presence. Any objection that we do it in the jury room? AUSA: No. FD Patton: No objection.
Judge Broderick said that the email "essentially to my chambers" implicated other jurors and even their health related information. No Press at the questioning so that jurors will be candid.
And they're baaack - after more than five hours. Here on the 24th floor, people milled around in the hall. Now Judge has retaken bench, talking about COVID tests for jurors.
Federal Defender asks, still without the jury in the box, that audio of the school bus be silenced, appearing to say that the children insider are not victims for purpose of this case.
AUSA: We are focused on the reaction of bystanders, some of whom are children Judge: I am going to allow into evidence Govt Exhibit 404B, but without the audio. Is the bus driver going to be a witness? AUSA: No. We'll have another witness. Judge: Can I see GX 410 again, and the audio? [It is played, including "oh sh*t, are you ok?"]
In death penalty trial of Saipov, it's 430 pm and they are bringing the jurors out for the first time of the day.
Judge: I apologize, next time I will give advance warning of questioning, there was no particular triggering event. If you feel sick, test yourself
Judge: Or you can test in the court. Just tell us. Now we'll begin with a stipulation, including about DNA swabs on the truck. 1st (and probably only) witness of the day: FBI Forensics expert Lara Adams, in from Quantico. She says "an octillion times more likely"
Judge Broderick: We're going to break for the day and continue the testimony tomorrow. Remember, no emailing. Good evening.
Watch this site
Martin Marro shows wounds, courtesy of Elizabeth Williams
On October 13, 2022 Saipov's Federal Defenders wrote to object to any disqualification of anti death penalty jurors, focusing on Juror 17 who cited his religious opposition to the death penalty. They argue that exclusion would violate the Free Exercise Clause of the First Amendment. Inclusion would guarantee no death penalty imposed.
On December 22, the US struck back, pointing out that Team Saipov used 12 of its 20 peremptories against women, "the defendants Batson challenge may be rejected on that ground alone."
The case is US v. Saipov, 17-cr-722 (Broderick)
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