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In SDNY For Saipov Judge Broderick Dismisses Previous Jury Pool Predicts No Trail Until Fall

By Matthew Russell Lee, Patreon
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, April 23 –  Sayfullo Saipov faces a trial that may result in the death penalty for killing eight people with a van along the West Side Highway.

  On April 23, U.S. District Court for the Southern District of New York Judge Vernon S. Broderick held a conference on the case, resulting in a decision to release the previously questioned jurors and start over, when it is possible. Inner City Press covered it.

  Judge Broderick said there will probably be no SDNY jury trials until the Fall.

   Federal Defender Patton said he does not favor keeping the jury pool to which questionnaires were previously given. He said people's answers might have changed.

   AUSA Houle said the government does not object to dismissing that pool.

  Judge Broderick agreed, adding that their personal situation might have changed as will have the timing of the trial, "perhaps some time next year." 

  Ms. Thomas said, We'll leave a message that they no longer need to call, the usual discharge of the jury. With the thanks of the court, of course.

  Judge Broderick looked forward: Once we start letting members of the public back into the courthouse, what actually needs to happen from each party's perspective, in terms of the openness of the court and of society, to move this forward? Travel from overseas, social distancing.... There with be communications from the Chief Judge, and from the governor about restrictions, or the Federal government.

   Judge Broderick said, The next date in is June, tied to the day the Chief Judge excluded Speed Trial Act until. "We could extend that if needed," he concluded. Inner City Press will continue to cover this case.

   Previously, on April 19 Saipov's Federal Defenders raised questions: "United States v. Saipov, (S1) 17 Cr. 722 (VSB) Dear Judge Broderick: We appreciate the Jury Clerk’s provision of well-organized data responsive to our demand for grand jury records (ECF No. 218, Attachment # 1, Declaration of Jeffrey Martin), which was endorsed by the Court (ECF No. 294). We write to follow up on a few incomplete responses: 1. The data supplied only included the odd page numbers for the Jury Plan. Please provide the entire Jury Plan. (If any other information that was meant to be supplied has the same problem with copying, please supply the missing information.) 2. The Form AO-12 for the Foley Division was supplied. Because the Foley Division and the White Plains Division overlap geographically, the Form AO-12 for the White Plains Division 2013 Jury Wheel is requested. 3. The email included in Jury Exhibit #1 is partially obscured by a sticky note. Please supply the entire email. 4. The response to the request for the voter registration source list is "Available directly from Board of Elections". The voter registration used to create the Jury Wheel used to summon grand jurors in this case is not the current voter list available from the Board of Elections but rather a historical list supplied to the Court. Please supply the list received by the Court to create the 2013 Master Wheels. 5. The data supplied included Jury Exhibit #4 (persons selected as potential grand jurors), electronic file Pool 101170310, and the 2013 Master Jury Wheel (Wheel 04 spreadsheet). There are some inconsistencies between these files; please explain the discrepancies. Some of the persons on Jury Exhibit #4 (persons selected as potential grand jurors) are not in Pool 101170310 and/or not in the 2013 Master Jury Wheel (Wheel 04 spreadsheet). What is the explanation for why these persons are on Jury Exhibit #4? 7. Some of the persons in Pool 101170310 are not in the 2013 Master Jury Wheel (Wheel 04 spreadsheet). What is the explanation for why these persons are listed in Pool 101170310? Needless to say, we understand if the Jury Clerk is unable to access the requested information until the courthouse fully re-opens." Inner City Press will continue to cover this case as closely as possible.

 

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 not right to judge him.

    As Inner City Press recounted moments later outside the courthouse on Pericope here - any use of phones in the courtroom was prohibited - 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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