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Saipov Death Penalty Trial Has His Prison Poem and Medical Examiner Then Charge Conference

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Jan 23 - Sayfullo Saipov is now in a trial 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 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 19, the US did not as they'd projected rest their case. The day ended with a witness who'd been in the school bus that Saipov hit (and who sued NYC for $5 million - surprisingly, Federal Defenders did not cross examine). Live tweeted thread here

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

OK - now death penalty trial of Saipov resumes. Judge Broderick speaking before jury comes in - asking for arguments on Gov't Exh 1220, the "prison journal." 

Judge Broderick: At first two pages of the prison journal were photographed, then 30 pages produced. The government wants to introduce 10 pages... Saipov's attorneys say it should be excluded since it includes prayers...

 Judge Broderick: I am not excluding, but let me hear on redactions, of the writing above the drawings. Federal Defender: These writings are from 2021, but the government argued they are relevant - but only the portion that supports their theory.

Now US plays for jurors a Saipov prison call, and shows transcript. He is singing a poem, presumably to his family in Uzbekistan, including the lines "I am Allah's warrior, I am the soldier of the Caliphate."

With jury out of courtroom (but courtroom otherwise open), Judge Broderick jokes to Federal Defender Dallack, often seen with "M" Michigan cap, that he hopes Dallack's pro sports team does better than his alma mater, in maize and blue. Defense case may be Jan 24

Next US witness in death penalty of Saipov is a Bureau of Prisons' intelligence analyst. He searched Saipov's cell. AUSA: Did he have his own cell? BOP witness: Yes. In MDC Brooklyn. He described what he found (coming into evidence). Saipov's lawyer say, No cross

 AUSA reads for jury transcript of previous Saipov statement, I don't see Allah in this courtroom. Judge Broderick said, "Sure." Next up: Medical examiner, lengthy stipulation about cause of death.

Saipov continues, now 5:30 pm -  Judge Broderick asks if he should dismissed Juror 37 who has to leave the case by March 22.  Federal Defender Dallack says can't carry over alternates - but also opposes Juror 37 being let go.

 Saipov charge conference continues, 6:15 pm Federal Defenders say you can't charge with Saipov with offering himself as personnel, and also with the attack. Judge: I will include "a person who provides services" as part of the charge. [Killing 8 on bike path]

Watch this site

                            victim Martin Marro, courtesy to Inner City
                            Press by Elizabeth Williams
Martin Marro shows wounds, courtesy of Elizabeth Williams

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.

The case is US v. Saipov, 17-cr-722 (Broderick)



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