By Matthew Russell Lee, Patreon Thread
Honduras - The Source - The Root - Podcast
SDNY COURTHOUSE, Nov 28 – Sayfullo Saipov has been facing a trial that may result in the death penalty for killing eight people with a van along the West Side Highway.
On May 4 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 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 November 2, 2022, jury selection continued. Judge Broderick sat in the jury box, and a prospective juror said to be from Paul Weiss was in the Plexiglass witness box.
With her out of the room, Judge Broderick said he'll ask for the firm's human resources policy, which he assumes will be in writing, but will not strike the juror for cause.
Upon her return, she asked if jurors will be able to take notes during the trial. Yes but not to share them, Judge Broderick replies.
On November 8, with the SDNY courthouse largely closed for Election Day, Saipov's Federal Defenders filed a 94 page omnibus challenge to the US' penalty phase presentation, with many redactions. It seeks to "exclude or limit evidence of his alleged terrorist-support motive" and his lack of remorse.
Inner City Press on November 8 reported on a sample redaction: "The Court should exclude or limit evidence of [REDACTED] as evidence that Mr. Saipov will commit acts of violence in solitary confinement in the SAMs Unit at ADX Florence," later describe as H-unit, where Thomas Silverstein (d. 2019) and Ramzi Yousef have been housed.
On November 10, Judge Broderick to his credit ordered Saipov's Federal Defenders to provide written justification for the redactions: "on or before November 17, 2022, the Defense shall file a letter motion demonstrating, with legal authority, countervailing factors justifying the Defense’s proposed redactions to its omnibus challenge and to my Opinion & Order of October 7, 2022, and how those countervailing factors overcome the presumption in favor of public access to judicial documents."
On November 16, Judge Broderick was again in the jury box, and the process continued. Inner City Press was alone in the gallery and noted as
"Prospective juror 371 is struck for hardship, she would only be paid $40 a day for 3 days.
"Now US wants juror 360 out, could only order execution for Osama bin Laden, Newtown or Parkland, for anyone else there'd be a 'high bar.' Federal Defenders say this juror would be OK. Judge says answers ambiguous, juror would be excused. FD wants to ask more question.
There followed arguments about what questions to ask. On November 19, Federal Defenders wrote in that 360 should NOT be excluded.
On November 21, there came Juror 380, a research lab scientist "generally opposed to the death penalty" who had Googled the case after first encounter at SDNY with it. Inner City Press thread:
OK -now at death penalty jury selection in US v Saipov. Juror 380 runs a research lab at [a hospital], wants out. Says he understands trial to start "next year."
Juror 380: I have three university conferences in early 2023? Judge: Do you have documentation of that? In December, January and February. Since you filled out the questionnaire in August, have you seen anything about Mr Saipov?
Juror 380: On a website. I Googled.
Judge: Could you avoid that in the future? Juror 380: Yes.
Judge: Are you fully vaccinated? Juror 380: Yes.
Judge: You said a friend of yours is a public defender in this courthouse. How often do you speak with him?
Juror 380: Once a year.
On November 28, prospective juror 435, a 22 year old woman with short hair in a black and white floral print shirt, was in the witness box. She first said she could not envision imposing the death penalty - then said that if the majority voted for it, she would go along. (Sheep, someone said). She was asked to step out, and the AUSA moved to strike. The head Federal Defender said he did not oppose.
Judge Broderick said this might be the first time both sides would have moved to strike. When Juror, now non-juror, 435 came back in, Judge Broderick said she was excused, and could not tell her parents what the case is about, if she chooses. The process proceeds.
Inner City Press will stay on the case.
Back on October 21 Judge Broderick asked for filings on whether Saipov can waive his attendance at his own death penalty trial, and if he could be compelled to attend, or to watch it on a screen: "ORDER as to Sayfullo Habibullaevic Saipov. It is hereby ORDERED that the defense submit a supplemental letter motion by November 4, 2022, in support of the position that Mr. Saipov, as a defendant in a capital case, can waive his appearance at all stages of trial. IT IS FURTHER ORDERED that the Government submit a letter by November 11, 2022, stating its position concerning whether Mr. Saipov, as a defendant in a capital case, can waive his appearance at trial after jury selection. IT IS FURTHER ORDERED that the Governments November 11 letter also state its views, if any, concerning the questions posed above to the defense, including whether I can compel Mr. Saipov's attendance at trial, and the legality and/or propriety of arranging for Mr. Saipov to electronically watch the trial should I grant his waiver (Signed by Judge Vernon S. Broderick on 10/21/22)." Watch this site.
On September 16, this from the prosecutors: "Re: United States v. Sayfullo Habibullaevic Saipov, S1 17 Cr. 722 (VSB) Dear Judge Broderick: The Court has previously requested updates on the status of the defendant’s request to the Attorney General to withdraw the Notice of Intent to Seek the Death Penalty in this case. (Dkt. No. 80). We were notified today that the Attorney General has decided to continue to seek the death penalty. We conveyed this decision to defense counsel and the victims." Letter on Inner City Press' DocumentCloud here.
And on October 5, this: "ORDER as to Sayfullo Habibullaevic Saipov. Given that the Defense intends to submit an additional reply in support of its Brady motion by October 5, 2022, (Doc. 587), I do not intend to make a ruling on the Defense's Brady motion during the Final Pretrial Conference. The parties also asked in their email whether the list of jurors scheduled to appear on the first two days of jury selection is finalized and, if so, whether the parties can be provided a copy of the list. The Jury Department has finalized the list of jurors, with the prospective jurors to be stricken for cause redacted ("Redacted List of Jurors"). A copy of the Redacted List of Jurors will be sent to the parties by email and filed under seal. At the start of individual voir dire, we will summon 15 jurors a day, in order of juror number, and will continue that process until we have qualified a sufficient number of prospective jurors. As jury selection progresses, I will revisit whether to summon more or fewer jurors each day (Signed by Judge Vernon S. Broderick on 10/5/22)."
On August 25 the Federal Defenders alleged massive Brady disclosure violations by DOJ, including evidence "that he was influenced by others who share culpability yet they are not being prosecuted, much less facing the death penalty." They want a hearing.
On August 29 the Federal Defenders wrote in again, now demanding that the October 11 trial be postponed. They say the new document show or go to that Saipov "was radicalized or perhaps even groomed by a network of Uzbek extremists." Inner City Press will continue to follow and report on this case.
Along with discussion of jury selection procedures and a pending request by Federal Defenders to deauthorize the use of the death penalty, the issue of Saipov's desire for a battery for his clock radio, or a hand cranked radio arose. Also, that he (or his lawyers) want only vaccinated jurors. Thread.
On September 12, Judge Broderick granted the request for vaxed-only jurors, and more: "ORDER as to Sayfullo Habibullaevic Saipov... Accordingly, it is hereby ORDERED that an individual may not be seated as a juror in the above-captioned case unless at least two weeks have passed since the individual's second dose in a two-dose series, such as the Pfizer-BioNTech and Moderna vaccines, or at least two weeks have passed since the individual's single-dose J&J/Janssen vaccine. IT IS FURTHER ORDERED that, notwithstanding any courthouse policies to the contrary, all individuals in the courtroom during the trial in the above-captioned case must wear masks, except for witnesses while testifying and counsel when questioning from the podium. IT IS FURTHER ORDERED that, notwithstanding any courthouse policies to the contrary, jurors must wear masks in the jury room unless eating or drinking, in which case, jurors are directed to remain at least six feet apart. IT IS FURTHER ORDERED that everyone must otherwise abide by all COVID protocols in place for the courthouse. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/12/22)."
On August 23, Judge Broderick docketed his disclosure to the parties: "ORDER as to Sayfullo Habibullaevic Saipov. On August 20, 2022, potential juror #943 left a voicemail with my Chambers. I have notified the parties of this voicemail, and provided a copy to them. Accordingly, it is hereby ORDERED that the parties can take the voicemail into consideration when evaluating potential juror #943 for service. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/23/22)." If in cases like US v. Ghislaine Maxwell juror questionnaire information is made public, why not this voicemail, so the public can understand?
Back on August 3, 2022, this: "ORDER as to Sayfullo Habibullaevic Saipov. On July 29, 2022, I ordered that the parties appear for a conference on August 10, 2022, at 4:00 p.m."
Inner City Press live tweeted it, here.
Back on June 3, Judge Broderick held another conference and Inner City Press live tweeted it, here and below.
The upshot? Federal Defenders do not want to travel to Uzbekistan despite a State Department authorization. And they want to wait to see if new Attorney General Garland issues a policy against seeking the death penalty. It was strongly implied that Saipov would plead guilty to life without parole. Podcast here.
On August 6 the US wrote to Judge Broderick that depositions in Uzbekistan in the Fall of 2021 would be fine. But Saipov's Federal Defenders said not so fast, the government there wants to sit in and anyway, new SDNY COVID policy amid the Delta variant will not allow enough jurors. They note that "over 50 countries are currently at Level 4 of the State Department's travel advisory, including the UK, Ireland, Greece, the Kyrgyz Republic, Portugal, Cuba, South Africa, the BVI, the Maldives and the Netherlands."
On August 12, Judge Broderick sided with the defense on this: "ENDORSEMENT: Given the low vaccination rate in Uzbekistan and the rising COVID-19 infection rate, I find that it is premature to schedule Rule 15 depositions at this time. Within 30 days, the parties should file a joint status letter updating me on their discussions regarding alternate locations for the depositions and the protocol that will be used. The parties should inform me whether any of the countries proposed by defense counsel are viable options. The parties are also directed to update me within 30 days regarding defendant's potential deauthorization request."
Previously at a court appearance on November 18 before U.S. District Court for the Southern District of New York Judge Vernon S. Broderick, after his Federal Defender inquired into Saipov receiving dental care, Saipov told Judge Broderick he had no right to judge him.
As Inner City Press recounted moments later outside the courthouse on Pericope here, Saipov asked Broderick, What about the thousands or millions of Muslims killed by American bombs?
Judge Broderick replied, I am just the referee, it is the jury that will judge you. And it emerged, that jury might be anonymous and/or semi-sequestered.
Much of the November 20 conference, delayed by problems with the sound system for the Uzbek interpreter, concerned how the jury will be selected. Some 3000 questionnaires will be mailed out, asking potential jurors about hardship but not disclosing what the case is about.
Judge Broderick said, with response rates to such summons being being 30%, perhaps it was better to spring more information on the prospect once they were in court.
Federal Defender alluded to an "incident" in which unspeficied inappropriate language was used; Judge Broderick responded but left the issue murky. Then Saipov asked to speak, and did.
The case is US v. Saipov, 17-cr-722 (Broderick)
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