Saturday, February 18, 2023

Saipov Death Penalty Phase Day 5 Has Motion to Dismiss Due to Venting of Rage and Torment

 

By Matthew Russell Lee, Patreon Song

SDNY COURTHOUSE, Feb 17 - Sayfullo Saipov after being found guilty on 28 counts now faces a penalty phase 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 tweeted it here.

On January 26, Saipov was found guilty on all counts, after jury questions about whether he did it to join or advance himself in ISIS or not. That will be a major issues, along with any mitigation, in the penalty phase to come.

The US Attorney's Office said Saipov "was found guilty of eight counts of murder in aid of racketeering activity, which carry a penalty of death or life in prison... The penalty phase is scheduled to begin on February 6, 2023." [That  slipped to February 13].

On February 13, the death penalty phase began. Inner City Press was there, live tweeted thread here.

On February 14, in Day 2 of the death penalty phase, the government showed video from inside the Metropolitan Correctional Center (the type of video it did NOT have for Jeffrey Epstein), on a day the BOP official said Saipov spoke of having a guard beheaded. Thread here

On February 15, a full day of victim impact statements, with no cross examination by Federal Defenders, thread below.

On February 16, the victim impacts statements continued, with tears. The Federal Defenders put in a letter demanded to see the "scripts" of the victims, in advance, to "allow the parties to address objections in advance of the testimony." Because they don't want to cross examine crying survivors and victim relatives in front of the jury....

On February 17, the Federal Defenders filed a motion dismissed based on the victim statements being too prejudicial. FD cited the "dramatic and emotional testimony of Alexander Naessens, Ann-Laure Decadt's widower and Lieve Wyseur, Ms. Decadt's mother." The Federal Defenders say that "the penalty phase of a federal capital proceeding is not the forum for victims to freely express their emotions or, in Ms. Wyseur's case, vent their (understandable) rage and torment."

From Feb 15: OK - Day 3 of  death penalty phase in US v. Saipov with wife of deceased Hernan Ferruchi,  Vera Dargoltz, on the witness stand.

 Assistant US Attorney: How did you hear about the incident in New York?

Ms. Dargoltz: My father in law called and asked if I'd heard from Hernan. I asked, Why? He said, No, nothing. Then he said, there had been an attack, in Manhattan.

 Ms. Dargoltz: So I turned on the TV, and saw the bikes, and I called the consulate. They said they had no news about Hernan. But then..

 Not surprisingly, no cross examination of widow by Saipov's Federal Defenders. Next witness is Lina Ferruchi, Hernan's daughter, now 20. She describes Hernan "dancing to the YMCA song, with a construction helmet on." She is going into psychology

Now on SDNY witness stand in death penalty trial of Sayfullo Saipov is the mother of Nicholas Cleves who was 23 when he was killed by Saipov while riding a CitiBike on West Side Highway bike path.

AUSA: Were there law enforcement officers at your apartment?

A: Yes

 Now after a relative of deceased bike path victim Diego Angelini, the prosecution's next witnesses are Luciana Paula Martinez and now Martin Marro, who acknowledges that the injuries he suffered made him irritable at home and work.

 And after a full day of victim statements and no cross examination by Federal Defenders, Judge Broderick lets the jury go home early. Story soon

 Inner City Press will stay on the case.

The case is US v. Saipov, 17-cr-722 (Broderick)

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Saipov courtesy to Inner CIty Press by
                            Elizabeth Williams
Saipov, courtesy to Inner City Press by Elizabeth Williams

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