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Saipov Death Penalty Trial Gets to Deliberations With Questions as Future Dangerousness Mulled

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Jan 25 - 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 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 hear 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 a slimited 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:

Judge Broderick emerges and takes the bench at 5:40 pm. He says he's sending the six alternates home - and says the 12 "real" jurors indicated they weren't ready to leave for the evening yet. "But I believe that's imminent." Now tells alternates to come tomorrow

Judge Broderick: We have a note. Questions from jury: is the defense contending that the defendant committed the crime but was charged with the wrong crimes? What if he flew to ISIS and got an ID card? If we found him not guilty, would he be re-charged?

Judge Broderick (to the parties) Feel free to take pictures of the note with your phones. I assume jurors want to go home. But I don't know that. These questions are like a conversation, not questions about the evidence. Federal Defender: Let's send jurors home

Watch this site

Sayfullo Saipov in court, courtesy to
                            Inner City Press by Elizabeth Williams
  Saipov in court, 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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