Friday, June 30, 2023
Thursday, June 29, 2023
Wednesday, June 28, 2023
Tuesday, June 27, 2023
Monday, June 26, 2023
Sunday, June 25, 2023
Saturday, June 24, 2023
Man Released After $387000 in Duffel Bag Is Detained Amid Order of Protection in SDNY
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 24 – A man indicted in Massachusetts in a narcotics conspiracy was presented on June 23 before U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses. Inner City Press was there, the only media in the SDNY Mag Court.
Defendant Feliz Baez-Munoz was assigned a Criminal Justice Act lawyer, Eric Breslin of Duane Morris. As the CJA lawyer on duty, he had to be on stand-by in case hacker Joseph O'Connor, being sentenced upstairs in the SDNY by District Judge Jed S. Rakoff, did not waive a conflict with the Dechert firm.
At the conclusion of that so-called Curcio hearing, Breslin went down to the Magistrates Court and the presentment began.
The Assistant US Attorney emphasized that Baez-Munoz had been stopped with $387,000 in cash in a duffel bag. But Breslin pointed out, he had not been arrested at that time. So what was the emergency now, to justify his pre-trial detention?
The AUSA countered with risk of flight, and threw in that Baez-Munoz had allegedly violated an order of protection against him. Judge Moses said that order meant that, even if he were released, he could not go home.
Breslin said that the order of protection could be vacated, through state court, and that he was not asking for immediate release but rather that Judge Moses adopt the conditions for release proposed by Pre-Trial Services.
Judge Moses declined, citing the unexplained cash in the duffel bag. She said she would sign an order of removal to send Baez-Munoz back to the District of Massachusetts (where his case number is 21-cr-10231, US v. Joseph, et al.)
His SDNY case is US v. Baez-Munoz, 23-mj-5073 (Moses)
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
Trump Filed Notice to Remove Bragg Case to SDNY Now Bragg Says No Colorable Defenses
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 23 – Donald Trump filed a notice of removal to Federal court of Manhattan DA Alvin Bragg's indictment of him in state court, on May 4, 2023.
The notice was assigned to U.S. District Court for the Southern District of New York Judge Ronnie Abrams, but was quickly reassigned to Judge Alvin Hellerstein, as Inner City Press reported.
On May 8, Bragg's office filed an "unopposed motion" for a conference, emphasizing that "Defendant's Notice of Removal does not operate to stay the court action (up to the point of entering a judgement of conviction," citing 28 USC Section 1455(b)(3).
Bragg urged a speedy conference to "minimize disruption to New York's "traditional state authority" to punish 'local criminal activity,'" citing Bond v. US, 572 US 844, 858-9 (2014).
On May 9, Judge Hellerstein set a schedule: "Any motion for remand, and supporting papers, shall be filed by May 30, 2023; Opposition papers shall be filed by June 15, 2023; Reply papers shall be filed by June 23, 2023. An evidentiary hearing, to the extent that there are disputed issues of fact, and argument as to the law, shall be held June 27, 2023, 2:30 pm."
On May 30, Bragg's office filed, including "Because none of the requirements for federal-officer removal are satisfied in this case, the Court should reject defendant Donald J. Trump’s effort to remove this prosecution from state court."Full memo on Patreon here.
On June 15, near midnight, Trump's lawyers filed their papers including Michael Cohen's emails praising Trump and becoming his personal lawyer. On Patreon here.
On June 22, Bragg's office filed a joint letter that " the parties have stipulated that they will not present live witness testimony at the June 27 hearing. To the extent the Court deems it necessary to hear from factual witnesses after the arguments of the parties on June 27, 2023, the defense respectfully requests that the Court schedule such a hearing at a convenient date after June 27, 2023. Third, to the extent a defendant has the right to be physically present at a 28 U.S.C. § 1455(b)(5) hearing under Rule 43 of the Federal Rules of Criminal Procedure, the Sixth Amendment Confrontation Clause, the Fifth Amendment Due Process Clause, or other authority, defense counsel requests that the Court waive the defendant’s presence at the June 27 hearing. Todd Blanche has represented, and will do so on the record on June 27, that he has discussed with the defendant any rights he may have to be present at the Section 1455(b)(5) hearing and the defendant has voluntarily waived such rights." Full letter on Patreon here
On June 23, Bragg's office filed its opposition to removal, arguing that Trump "has not raised a colorable defense of Supremacy Clause immunity" nor "of federal preemption."
Inner City Press will be reporting on the case, as it has on the Carroll v. Trump trial in SDNY.
This case is People of the State of New York v. Trump, 23-cv-3773 (Hellerstein).
More on Bragg's other recent SDNY case including analysis on Substack here
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
Repeat Fraudster Baston Is Freed on $8 Million Bond & Detained in Downtown Brooklyn Home
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 23 – When Wilson Baston was released on $8 million bond on fraud charges, Inner City Press was the only media there (see here and below).
Later it was announced "an Indictment charging WILSON BASTON, a/k/a “Chanon Gordon,” a/k/a “William Baston,” a/k/a “Jackie Wilson,” with wire fraud, securities fraud, and aggravated identity theft in connection with a scheme to defraud investors in a series of purported real estate investments managed by BASTON and the entity Gordon Management Group. BASTON, who was previously convicted in federal court of 17 counts of mail and wire fraud for operating a similar fraudulent investment scheme, hid his true identity and the fact of his prior conviction from his investors by falsely representing that his name was “Chanon Gordon.” BASTON was arrested this morning in New York and was presented in federal court this afternoon."
That was sent out after the presentment. Inner City Press threadette:
OK - now US v Wilson Baston in SDNY Magistrates Court. Prosecutor is AUSA Folly, who works on #OneCoin. Baston will be retaining (paying) counsel, on wire and securities fraud.
Charges against Baston are securities fraud, wire fraud and aggravated ID theft. Next is July 7. US gives bail: bond of $8 million, secured by $50,000 cash
The case is US v. Baston, 23-cr-303 (Marrero / Moses)
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
British Hacker Gets 5 Years for Stealing Crypto and Swatting Social Media Influencers in NDCA
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 23 – For hacking cryptocurrency in New York, and social media influencers' accounts in Northern California, the UK's Joseph James O'Connor was sentenced to five years in prison on June 23, by U.S. District Court for the Southern District of New York Judge Jed S. Rakoff. Inner City Press was there. Thread:
OK- now at sentencing of JOSEPH JAMES O’CONNOR, a/k/a #PlugwalkJoe, for conspiracy to commit computer hacking & a SIM swapping scheme, theft of approximately $784,000 worth of cryptocurrency.
O'Connor is brought in by US Marshals, wearing the beige prison uniform of MDC Brooklyn. There is a second defense lawyer who may theoretically replace the first: Curcio hearing to begin
Judge Rakoff's courtroom is nearly full - unlike for money laudering sentencing Inner City Press covered here earlier today
DOJ says the 2019 theft, which they indicted in 2021, was of 770.784869 Bitcoin cash, 6,363.490509 Litecoin, 407.396074 Ethereum, 7.456728 Bitcoin.
All rise!
It's Dechert that allegedly is conflicted - one of O'Connor's lawyers there, "Gersh," has applied to SDNY Curcio questions are being put by AUSA Olga Zverovich.
O'Connor: I am 24, highest level of education was high school, I have retained (paid) Dechert. Judge Rakoff asks Nicholas Gersh why be applied for SDNY job now. A: It was the right time
O'Connor will be credited for time spent in jail in Spain before extradition. Dechert says he should get time served, including 3 months waiting to be deported.
Dechert: O'Connor is so young. [Inner City Press wonders: who's paying these legal fees?]
AUSA: From overseas, he targeted people in the US. They were not childish crimes. The $800,000 is now worth $1.6 million. He used mixers and tumblers. We have not recovered it
AUSA: There is a victim's impact statement from SDNY Victim-3. O'Connor has paid no restitution. There is also the NDCA case. Beyond the Twitter hack, he hacked a 19 year old social media influencer's account and threatened to post videos of her on it
AUSA: One victim says he put her images out there forever, it has impacted her eating. The 16 year old victim, he perpetratated swatting attacks. US asks for 7 year sentence.
O'Connor: I'm sorry. My crimes were stupid and pointless. I want a life that matters
Judge Rakoff: I have considered Mr O'Connor's autism. Cryptocurrency crimes are too easily dismissed as only money. But lives were impacted. In the California crimes, he ruined the lives of other young people
Judge Rakoff: I sentence O'Connor to 5 years - but he'll get credit for 28 months already served.
More on Substack here
The case is US v. O'Connor, 21-cr-536 (Rakoff)
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
After Carroll v Trump Verdict Tacopina Offers to Deposit over $5M With the SDNY Court
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 22 – During the "Carroll II" trial of E. Jean Carroll versus Donald Trump, both sides put in exhibits, but no defense exhibits were made available to the public or press, see Inner City Press filing and below.
On May 11, Trump filed a notice of appeal to the 2d Circuit "from [178] Judgment,,. Document filed by Donald J. Trump. Filing fee $ 505.00, receipt number ANYSDC-27729258. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit."
On May 22, Carroll's lawyer filed a proposed schedule for the earlier, Carroll I case, with briefing through July 31. Letter on Patreon here.
On May 24, Judge Kaplan set a schedule: "ORDER, 1.Any response to plaintiff's letter of May 22, 2023 shall be filed on or before May 26, 2023."
On May 26, Trump's lawyer Alina Habba wrote that "by filing the Motion to Amend the Complaint (“Motion to Amend”), Plaintiff is seeking to “retrofit” the jury verdict for Carroll II into the Complaint for Carroll I, in order to alter the entire nature of Carroll I at the eleventh hour, following the completion of discovery, pre-trial motion practice, and a fully briefed Motion for Summary Judgment filed by the Defendant, inter alia. Plainly stated, the jury in Carroll II found that the alleged rape did not occur. However, the entire Complaint in Carroll I contains allegations of purported defamatory statements arising from this precise allegation – not a purported sexual assault." Full letter on Patreon here.
On June 5, Habba filed a memo opposing the request to amend, arguing, "Plaintiff’s Amended Allegations Unduly Prejudice Defendant II. Plaintiff’s Motion Should Be Denied Because of Plaintiff’s Undue Delay III. Plaintiff’s Motion Should Be Denied Due to Futility IV. This Court Should Permit Defendant to File a Supplemental Motion for Summary Judgment in Light of the Carroll II Verdict. " Full memo on Patreon here.
On June 9, after DOJ asked for more time, Carroll's lawyer wrote, "DOJ’s letter makes clear that the United States no longer stands by its original Westfall Act certification of Defendant Donald J. Trump. As DOJ explains, that decision rests not only on the recent filing of a proposed amended complaint, but also on other intervening legal and factual developments, including the ruling of the D.C. Court of Appeals, Trump’s deposition, and the Carroll II jury verdict.. there is simply no merit to DOJ’s claim that it cannot even commence its Westfall Act analysis until this Court rules on the motion to amend." Full letter on Patreon here.
On June 12, Carroll's counsel filed a reply to amend the complaint, saying that Trump is dreaming up a multiverse. Full filing on Patreon here.
On June 13, Judge Kaplan granted Carroll's motion to amend.
On June 15, Judge Kaplan set the trial date: ORDER, Unless this case previously has been entirely disposed of, trial of this action shall commence on January 15, 2024 absent contrary order of the Court. ( Jury Trial set for 1/15/2024 at 09:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 6/15/2023).
On June 8, Tacopina filed a motion in Carroll II, for a new trial, arguing against double recovery and that Carroll, if anything, has increased her income after the statements. Full 25 memo on Patreon here.
On June 22, Carroll's counsel opposed any new trial, including a transcript from the NYS MeToo case of Breest v. Haggis, which Inner City Press also covered, here.
More on Substack here
On June 23, Trump's lawyer Tacopina said he'll put up over $5 million - to the court: "We write to respectfully request that the Court so order the enclosed Stipulation and Proposed Order Regarding the Use of a Cash Deposit in Court as Security in Lieu of a Supersedeas Bond. The cash deposit will be in the amount of$5,550,000, which is 111% of the judgment amount and is consistent with the traditional security percentage of supersedeas bonds. Additionally, my office is currently holding $5,550,000 in trust" - full letter on Patreon here
Back on May 9, after less than three hours of deliberation, the jury awarded E. Jean Carroll $5 million damages. Inner City Press live tweeted it, thread here
Hours later, Inner City Press published the first book about the trial, "Trump Trial I: Press Access Hollywood in the SDNY Court," by Matthew Russell Lee, e-book here, paperback soon here
On May 4, Inner City Press filed a written request to Judge Louis A. Kaplan, copied to each party, requesting that the exhibit be released, and several motions be unsealed.
On Friday May 5, Carroll's counsel made some but not all exhibits available to the press on DropBox, including portions of her deposition of Donald Trump.
Inner City Press published that on YouTube, it was reported for example here.
On Sunday, May 7 before 5 pm, Inner City Press filed this
Carroll I is Carroll v. Trump, 20-cv-7311 (Kaplan)
More on Substack here.
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
Yosef Cohen Gets Six Years For Laundering Money For Drugs after Mexico Mining Lie
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 23 – Yosef Cohen was charged with laundering money for drug deals and, after pleading guilty, was set to be sentenced on June 8, 2023.
But U.S. District Court for the Southern District of New York Judge Jed S. Rakoff asked if Cohen has lied in saying that an offer to launder $60 million for the movement of cocaine out of Costa Rica had actually being about his mining business in Mexico.
The sentencing was postponed to June 23, along with a Fatico hearing on the issue.
On June 23, there were a dozen family members and supporters in the courtroom gallery, along with Inner City Press, apparently the only media there. Cohen said he always paid his taxes and had made a mistake.
Judge Rakoff said he had helped drug dealers, and told a lie. He sentenced Cohen to six years in prison, to start in 60 days.
When the Assistant US Attorney opposed ending Cohen's curfew, Judge Rakoff remarked that given the risk of flight, he was surprised the Government didn't ask for instant remand. But they did not.
More on Substack here
The case is US v. Cohen, 21-cr-444 (Rakoff)
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
Trump Filed Notice to Remove Bragg Case to SDNY Now No Witnesses or Trump on June 27
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 22 – Donald Trump filed a notice of removal to Federal court of Manhattan DA Alvin Bragg's indictment of him in state court, on May 4, 2023.
The notice was assigned to U.S. District Court for the Southern District of New York Judge Ronnie Abrams, but was quickly reassigned to Judge Alvin Hellerstein, as Inner City Press reported.
On May 8, Bragg's office filed an "unopposed motion" for a conference, emphasizing that "Defendant's Notice of Removal does not operate to stay the court action (up to the point of entering a judgement of conviction," citing 28 USC Section 1455(b)(3).
Bragg urged a speedy conference to "minimize disruption to New York's "traditional state authority" to punish 'local criminal activity,'" citing Bond v. US, 572 US 844, 858-9 (2014).
On May 9, Judge Hellerstein set a schedule: "Any motion for remand, and supporting papers, shall be filed by May 30, 2023; Opposition papers shall be filed by June 15, 2023; Reply papers shall be filed by June 23, 2023. An evidentiary hearing, to the extent that there are disputed issues of fact, and argument as to the law, shall be held June 27, 2023, 2:30 pm."
On May 30, Bragg's office filed, including "Because none of the requirements for federal-officer removal are satisfied in this case, the Court should reject defendant Donald J. Trump’s effort to remove this prosecution from state court."Full memo on Patreon here.
On June 15, near midnight, Trump's lawyers filed their papers including Michael Cohen's emails praising Trump and becoming his personal lawyer. On Patreon here.
On June 22, Bragg's office filed a joint letter that " the parties have stipulated that they will not present live witness testimony at the June 27 hearing. To the extent the Court deems it necessary to hear from factual witnesses after the arguments of the parties on June 27, 2023, the defense respectfully requests that the Court schedule such a hearing at a convenient date after June 27, 2023. Third, to the extent a defendant has the right to be physically present at a 28 U.S.C. § 1455(b)(5) hearing under Rule 43 of the Federal Rules of Criminal Procedure, the Sixth Amendment Confrontation Clause, the Fifth Amendment Due Process Clause, or other authority, defense counsel requests that the Court waive the defendant’s presence at the June 27 hearing. Todd Blanche has represented, and will do so on the record on June 27, that he has discussed with the defendant any rights he may have to be present at the Section 1455(b)(5) hearing and the defendant has voluntarily waived such rights." Full letter on Patreon here
Inner City Press will be reporting on the case, as it has on the Carroll v. Trump trial in SDNY.
This case is People of the State of New York v. Trump, 23-cv-3773 (Hellerstein).
More on Bragg's other recent SDNY case including analysis on Substack here
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
Two Slovenes Extradited to SDNY on Heroin Charges for 400 Kilos Get Croatian Interpreter
by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, June 22 – Gorazd Filimonović and Gašper Urbanac of Slovenia was arrested in Croatia in May 2021 on US drug trafficking charges. Extradition took more than two years.
On June 22, U.S. District Court for the Southern District of New York Magistrate Judge Barbara C. Moses held the presentment of the two defendants. Inner City Press was there, the only media in the SDNY Mag Court.
Judge Moses sought a Slovenian interpreter. The best or nearest that could be found was a Croatian interpreter, Ms. Martic, by phone. Both defendants spoke English. Mr. Martic was on the phone only in case they needed help. (They didn't).
Both were detained on consent.
AUSA Hellman asked about the complaint being unsealed and was told that it had been.
But an hour after the proceeding, PACER still said "This case is under seal."
The case is US v. Filimonovic, et al., 21-mj-3821 (Moses)
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.
Feedback: Editorial [at] innercitypress.com
For Saipov 8 Consecutive Life Sentences Plus 260 Years Now Row on Federal Defenders Info
By Matthew Russell Lee, Patreon Letter Book
SDNY COURTHOUSE, June 22 - Sayfullo Saipov after being found guilty on 28 counts faced 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 May 17, 2023, after dodging the death penalty, Saipov was up for sentencing. Victims spoke, then Saipov for 50 minutes, without remorse. Then he got eight consecutive life sentences, plus 260 years. Inner City Press was there and live tweeted, thread here and below.
On June 22, 2023, Judge Broderick convened a conference with the lawyers, about Federal Defenders belatedly complying with his order to turn in information about how much people represented Saipov or worked on his case. Inner City Press was there, the only media in the courtroom.
FD called it sensitive information; Judge Broderick mused that he might have been more forceful in getting the information at the time. He will issue an order, perhaps to get it ex parte and under seal. AUSA Houle spoke of the public interest (as a basis for seeking the death penalty). But what about the public interest in this information?
Back on May 19, the US Attorney's Office wrote it opposing Federal Defenders' proposal of $100 a month for Saipov, saying it is up to the Bureau of Prisons (which, the Office says, does not have a current plan to resume charging for phone calls).
On May 29, Federal Defenders reiterated their request for the $100 a month for Saipov's commissary, stating that BOP intends to end the COVID-era free calls on June 20: "We write to inform the Court that the Bureau of Prisons announced last week that the COVID-era policy of free telephone calls for inmates is over. Citing the end of the national “COVID emergency period,” the “free telephone minutes” that had been available “will no longer be available effective June 20, 2023.” See BOP Website, dated May 23, 2023.1 This development supports our request that the Court include a provision in Mr. Saipov’s judgment to ensure that Mr. Saipov has a minimum of $100 in his inmate account from month to month. See Dkt. Nos. 801, 802. As we wrote in our previous letters on this topic, this minimum amount is necessary for Mr. Saipov to pay for the cost of telephone calls, particularly given that there is no collect-call option for international calls and that the majority of Mr. Saipov’s SAMs approved family members are located in Uzbekistan, and for him to have access to the most basic and necessary commissary items. See id. In its opposition to our request, the government relied heavily on its assertion that the BOP’s free-calls policy had no known expiration. See Dkt. No. 799. Given that the policy will in fact expire shortly, and for all the reasons previously stated, we ask the Court to include our requested language regarding commissary funds in the judgment."
From May 17, 2023: All rise! Judge Vernon S. Broderick: Please be seated. This matter is on for sentencing. Mr. Saipov, can you hear me?
Saipov (after a pause) Yes!
Judge: Let me outline the sequence I anticipate following today. I'll calculate the guideline, then hear from victims
Judge: I'll hear from victims' families. I'll hear from the government, the defense, the defendant, then take another break. Then we'll continue with the sentencing. AUSA: We will request a moment of silence after any statement by the defendant, for the victims
Judge: I have the Government's sentencing memo filed May 15 [but only docketed on the afternoon of May 16] Mr. Patton, were the defense objections filed on ECF? Patton: Yes. Oh, sorry, no. We will file them. [When? What's the point of filing after the sentencing?
[While counsel push to be sure their name & office addresses are on the pre-sentencing report, here's from a written victim impact statement by Ana Evans docketed today: "What will weigh on the conformity of a terrorist's personality?! Genetics, the environment?"
FD Patton: The facility [ADX Florence, Colorado a/k/a SuperMax] only gave free calls during COVID. It ends this week. Mr. Saipov's calls are going to be expensive, $100 a month [to Uzbekistan]. We're asking for that amount
AUSA: There is no reason for this defendant to receive special treatment. Judge: I'd like to know if there is a plan to go back to charging for phone calls. AUSA: There is proposed rulemaking... Judge: Mr. Saipov, have you reviewed the report? Saipov: Yes!
Judge: The guideline is life imprisonment. Do the parties agree? Yes. Yes. Judge: OK, let us hear from the victims, or victims' families. 1st is Luciana Martínez: I want to thank the police, and the investigators, and the prosecutors, for their empathy
Luciana Martínez: Terrorism has international arms, and deserve international sanctions that will safeguard the rights of victims.
Another letter from a mother: A fiend took away these lives in one minute. Without pity. Does he know how much harm he has caused? I don't think so... Since resurrection is not possible, Saipov should not be allowed to do anything that his victims cannot do
Victim's sister: He will have a TV, and a gym; he'll be able to make calls and have visitors. Is that really justice? I have a bitter taste. I was hoping for something stricter. They are not equal benefits... I hope you go crazy out of loneliness.
Now the mother of Nicholas Cleves, killed at 23 years old. "His father killed himself the day after Nicholas' 19th birthday. It upended our lives - we became each others' pillars. But that came to a tragic halt when Nicholas was savagely killed in a terror attack
Nicholas Cleves' mother: I wasn't there to protect him. That he was in abject terror will torment me forever. I have nothing but deep contempt for this killer, detritus. The killer will live out his life, forgotten by his cult. But it does not compare to our pain
Nicholas Cleves' aunt: Nothing could prepare me for this. My mother would ask, Why did this happen? Why was Nicholas killed? Why did this man do this? She'd say, He's a monster. And then she died - her last thoughts of his vile "human being," I put it in quotes
Cleves' aunt: His family, if they saw he was radicalized and did nothing, they have blood on their hands, too. My sister has to close her business. She is ruined. Why is there no fund or some kind of agency set up to help victims of terrorism?
Now AUSA reads in letter from Nicholas Cleves' relative, culled from a series of letters she wrote to him after his death... "Was that my hallucination? I saw you on the subway, and in the Japanese restaurant we used to hang out in."
Now a victim's relative of Alejandro Damian Pagnucco says, to Saipov, Your god is just like you, garbage [basura] AUSA: Next we have a letter from the father of Diego Angelini: "I find no explanation of this. Could it be his ideology? He should pay for his actions
Now a relative of Ariel Erlij says to Saipov: If you want your God to respect you, go and kill yourself. Now witness in wheelchairs, legs amputated. She says, "Mr. Saipov, I will never be able to walk, like you can." Saipov is in a prison blue short sleave shirt
Amputee: Saipov, are you still convinced what he did was right? Do you still think of yourself a soldier of ISIS? I hope not Now another victim witness: I do not understand why the Nations do not take action to stop this. [Again: UN Terror Office is Saudi-funded]
Now mother of Ann-Laure Decadt, directly addressing Saipov: Your youngest child and her youngest child were born in the same month. You destroyed both of their lives with your cowardly act.
Final victim-speaker, to Saipov: I wish you could see the world the way I do. I think I see a monster in you. I think I saw my monster in you. I think I see myself in you. You hit me at 3 pm on West Street and Vestry. Why? How can I fix you? Am I asking too much?
Last victim to be heard today. Judge Broderick: OK, break until 2:30 pm.
OK - they are back. AUSA Houle: One of the victims said, No punishment can compare on the punishment Mr. Saipov has inflicted on us. The defendant relishes and delights in the suffering he causes. I don't know what he will say today [neither do I - drum roll]
AUSA: We are requesting 8 consecutive life sentences, and more... To send a message. Thank you. Judge Broderick: Mr. Patton, does the defense wish to be heard? Patton: Not the defense, but Mr. Saipov. AUSA Houle: May we have one moment? Judge: Yes.
Sayfullo Saipov: I would like to start with respect to all the living things in the world and the last prophet, Prophet Muhammad. Allah said he would create a person, people have to lean and listen to him
Saipov: The Devil was from the category of evils... Allah told him, I am going to kick you out from my area and send you to the fire. Then Allah gave the Devil until Doomsday. But I will put all of your followers to Hell. Then Devil and people became enemies
Saipov: Allah told the mothers and the children, I will send you to heaven, you have only to avoid the fruit of one fruit tree. The Devil said, Do you want to see the tree of infinity? Their clothes fell off, and they got ashamed. Allah said, Didn't I tell you?
Saipov: Then more and more people were born and there were a lot of people on Earth... Allah accepted the sacrifice of the younger son, but not of the oldest soon. This led to jealousy - and led to the first murder.
Saipov: Then Allah sent Noah. The prophets' job was to call everyone to pray only for one god, Allah. The last prophet, Allah sent to Mecca. It was a place full of sin at that time. They used to pray to Buddha and to other things.
Saipov: Thanks to Allah, in 2014 he said another calipha to Earth. He became the Emir of the Islam world. All the Muslims started moving to the land of Sharia. The amount of Muslims increased and it brought happiness to Islam. Of course the Devils didn't like this
Saipov: All the unbelievers got together and they started attacking the land of Calipha. [Saipov is saying this, waving his right arms around, seated at defense table with Federal Defenders] Saipov: The attacked land of Calipha, they didn't care, women or children
Saipov: What was the fault of those Muslims? There was only one fault of theirs, their belief in One Allah and Sharia.... Islam sacrificed a lot, the followers of Islam [Saipov corrects the interpreter - 45 minutes so far]
Saipov: These attacks against Islam followers were in secret, not on the media. AUSA: Please pause the translation for a moment. Judge: Sure, hold on. AUSA: He is getting close to his SAMs [Special Administrative Measures]
AUSA: We will not object to the use of the word "invade," but his right to speak at sentencing is not unlimited, as to time nor content. Judge: Mr. Saipov, you've been going for about 50 minutes or so. You are up to 2014. You started with Adam & Eve & Noah. Focus
Saipov: (though interpreter) - It is surprising if one Muslim kills an unbeliever, they talk about it for months and months. But they do not talk about Muslims being killed. Allah is sending help to Islam-world
Saipov: I was here for the three month trial. I heard the victims families and friends. What about the tears and blood of the Islami population? It would cover way much more place. The courtroom would be filled up with tears and blood of the Muslim population
Saipov: At the end of my speech I wanted to offer thanks to Allah. Judge Broderick: Thank you.
Voice (shouting) THE ONLY ACT OF THE DEVIL IS THE ACT YOU DID!
Judge: Control yourself. If there any reason I should not impose sentence? AUSA: No reason
Judge Broderick: This is a serious crime. I prosecuted violent gangs. But the conduct in this case is among the worst I have seen - the unrepentant nature of the defendant. You do not care about their suffering.
Judge Broderick: You injured your own family. Your father said they are ashamed. He was detained for two weeks after your truck attack. He was overcome by emotion. Your homicidal rage damaged people including even your own family.
Judge Broderick: While the jury may have found mitigating factors against the death penalty, there is no mitigation for your crimes. I'm ready to impose sentence. Please rise. I commit you to prison for life on each of counts 1 to 8, plus 260 years & 2 concurrent
Judge Broderick: I'm going to dismiss any open counts. Anything else? AUSA: No. FD Patton: We'll follow up on the commissary issue
Judge Broderick: I understand Mr. Saipov will be going to Florence. We'll stand adjourned.
Back 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 March 9 for deliberations, Juror 4 did not come in, due to an undisclosed emergency with a relative (who may or may not be in law enforcement). Judge Broderick noted a Federal Defenders argument, which Inner City Press first wrote about on January 16, 2023. Inner City Press has published a booklet about the case. More on Substack here
With a replacement Juror 4, deliberations started over, including a note with questions about threats to behead, and ADX, thread here
On March 13, in the afternoon it ended - with no decision, therefore a decision not to execute. Booklet here, thread here.On March 20, Judge Broderick gave a time for the US to respond to Saipov's request to be sentenced (to life imprisonment) in the week of April 17: "MEMO ENDORSEMENT as to Sayfullo Habibullaevic Saipov on re: [777] LETTER MOTION addressed to Judge Vernon S. Broderick from David Patton dated 3/20/2023 re: Date for Formal Sentencing. ENDORSEMENT: The Government's request for leave to respond to this letter by March 22, 2023 is hereby granted. I will make a decision on the sentencing date after receiving the Government's letter. (Signed by Judge Vernon S. Broderick on 3/20/2023)." Watch this site.
On April 2, the US wrote in to say that Federal Defenders should disclose, at least ex parte, all of who worked on the case, and that the information be preserved for any appeals by Saipov.
While Judge Broderick reiterated that, still not in the public docket the day before the sentencing is the US' memo, which says "The Government respectfully requests that the Court impose a sentence of eight consecutive life sentences on Counts One through Eight, 260 years’ imprisonment to run consecutively on Counts Nine through Twenty-Six, and two additional life sentences on Counts Twenty-Seven and Twenty-Eight to run concurrently with all other sentences imposed."
The case is US v. Saipov, 17-cr-722 (Broderick)
More on Substack here
Watch this site
Saipov, courtesy to Inner City Press by Elizabeth Williams
***
Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.