By Matthew Russell Lee, Patreon Letter
SDNY COURTHOUSE, March 6 - 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.
But in the penalty phase, on February 21 members of the media were not allowed into the courtroom, only to elsewhere in the courtroom where a feed shows only part of the courtroom. Inner City Press, the first of many media in opposition, wrote to Judge Broderick, here
Here's from the day's testimony, after which Judge Broderick said the press can have a bench in the back, thread here.
On February 28 as part of the defense case, an expert on Central Asia testified. Thread here.
On March 1, the defense rested its case, sans Saipov. Inner City Press live tweeted here:
OK - in Saipov death penalty trial now defense puts in relative about Sayfullo Saipov coming to US from #Uzbekistan on green card.
Mother: Sayfullo decided to drive trucks and took lessons to do so.
Federal Defender: Were you able to stay in touch with him?
Mother: Yes, he would call me while driving. He got married in 2012 and had three children
Judge Broderick asks Saipov is he'll want to attended, on Monday, the jury charge conference in his death penalty case. No, he does not. Better things to do, apparently.
Jury entering!
This is the defense's last witness: Steven Wein of the US Marshals Service. Federal Defender: Do you drive Mr. Saipov to court? Wein: I do. He travels alone, under the SAMs.
After a brief direct of US Marshal Wein, no cross examination by the prosecutors. Judge Broderick asks jurors to step out (again) for a moment, and not to discuss the case.
Judge: Mr. Saipov, do you want to testify?
Saipov: Not now.
The trial is ending... Judge Broderick to the jury: Come back on Tuesday for summations. There are cookies in the jury room and you can take them with you. Never say the government didn't give you anything.
On March 3, the US Attorney's Office wrote to Judge Broderick seeking to preclude the defense from arguing in closing that the jury should choose a "civilized sense of justice" over "barbarism."
Federal Defenders also wrote it, protesting the US' proposed verdict form and proposed penalty-phase instructions, and submitting its own in advance of the charge conference set for March 6.
On March 6 at the charge conference, EDNY cases and legislative history were argued, thread here:
OK - death penalty trial of US v. Sayfullo Saipov, today is the charging conference before tomorrow's closing arguments.
Judge Broderick: Info from Mr. Saipov's phones was utilized in both phases... Any objection this revision to the charge?
AUSA: No. Federal Defenders: It seems unclear if Corrections Officers are law enforcement officer for this purpose. Judge: I'll take it out.
After Judge Broderick scheduled an unrelated criminal case Inner City Press is also covering, here... The charge conference continues, with the Federal Defenders reiterating motions about aggravating factors they made in... 2018.
Judge: Duly noted. Here in death penalty trial courtroom for charging conference, no Saipov, and only 5 of us in the gallery.
Judge Broderick asks what was done in EDNY case of US v Wilson
Federal Defenders propose telling jurors to imagine Saipov's (and victims'?) religions reversed, citing legislative history of Federal Death Penalty Act.
Inner City Press will stay on the case.
The case is US v. Saipov, 17-cr-722 (Broderick)
Watch this site
Saipov, courtesy to Inner City Press by Elizabeth Williams
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