By Matthew Russell Lee, Patreon
SDNY COURTHOUSE, Jan 30 - 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 tweet it here and below.
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.
After the verdict, Saipov's lead counsel wrote to Judge Broderick: "We write in anticipation of tomorrow’s conference. The defense intends to address with the Court the issues that remain outstanding from its omnibus challenge to the government’s penalty phase evidence, particularly with respect to the victim impact and future danger aggravators." Inner City Press will stay on the case.
The trial: 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 23, the US put on as witnesses the medical examiner and a Bureau of Prisons official who searched Saipov's cell, thread here
On January 24, the US and defense presented closing arguments, then Judge Broderick solicited more submissions for his jury instruction. Thread here.
On January 25, Judge Broderick heard argument on, and then read to the jury, his legal charge for this first stage. He issued a 33 page order largely denying Saipov's motions regarding any second phase, but granted one in part, on Factors, specifically the "Future Dangerousness" Non-statutory Factor.
Of this, Judge Broderick wrote that "the parties are directed to meet and confer about how to proceed on this factor. Either the government will be granted leave to file an amended notice reflecting the more narrowly tailored version of the Future Dangerouness factor as limited to what Saipov can do in prison, or, the parties will inform me that the Future Dangerousness factor will be retained and propose a limiting instruction to the jury."
January 25 overtime thread
And on January 26 after more questions, the 28 guilty verdicts with the penalty phase to come.
On January 30, the US argued to Judge Broderick on writing that they want the jury to see Saipov's note to Ruslan Maratovich Asainov, now on trial in EDNY for providing material support to ISIS. "The Government does not presently intend to elicity testimoney regarding Asainov's ISIS affiliation." Presently...
On February 1, the US Attorney's Office wrote to Judge Broderick they will start their penalty phase case on February 13, through February 21. Then the defense from February 22. Judge Broderick ruled: "ORDER as to Sayfullo Habibullaevic Saipov. The Government Wall Team and Defense counsel shall meet tomorrow at 11:00 AM in Courtroom 24B. Following a finding in open-court, the conference will proceed in camera (Signed by Judge Vernon S. Broderick on 2/1/2023)."
Watch this site
Saipov in court courtesy of Elizabeth WilliamsThe case is US v. Saipov, 17-cr-722 (Broderick)
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