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Trial Starts Jan 9 As DOJ Seeks Death Penalty on Saipov for West Side Attack Masks Required

By Matthew Russell Lee, Patreon

SDNY COURTHOUSE, Jan 6 - Sayfullo Saipov has been facing 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 starts January 9, with masks: "as to Sayfullo Habibullaevic Saipov: As voir dire has concluded, it is hereby ORDERED that the trial shall begin on Monday, January 9, 2023... Any victims and victim's family members in attendance will be given priority seating in Courtroom 24B. See 18 U.S.C. ยง 3510. All other seating in Courtroom 24B...  it is hereby ordered that all people present in Courtroom 24B are required to wear a face mask, except for witnesses while testifying and counsel when questioning from the podium." Watch this site.

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.

On December 20, Saipov's Federal Defenders objected to the US Attorney's Office using 14 of its 20 peremptory strikes... against women.

On December 22, the US struck back, pointing out that Team Saipov used 12 of its 20 peremptories against women, "the defendants Batson challenge may be rejected on that ground alone."

On Friday, December 23, Judge Broderick continued jury selection. Inner City Press live tweeted, thread here:

OK- Now again in US v Saipov death penalty eligible case jury selection, Dec 23 past 4 pm. Judge Broderick says trial will start Jan 9, and run to end of March.

Juror 707 has a ticket to Jamaica March 23, heading down to email it to court. Juror 707 has returned and is being excused, as is Juror 713 who answered "N/A" on questionnaire when asked for views on the death penalty.

It's past 5 pm, with jurors 714 and 720 still to be questioned, 723, 724 and 732 to be told to return another day. Questionnaire was in August, then fot a Jan 3 trial. Now with jury selection still not over, so trial pushed to Jan 9.

 Juror 714 has said that as a Catholic she is against the death penalty, favor life imprisonment, and would only vote for that. She will be questioned 10 or 25 more minutes: 720 is being sent home after waiting for a long time

Juror 714: I would not want to carry the burden of having voted to impose the death penalty. Federal Defenders still want her, it seems. But juror 714 is struck for cause. And juror 720 cried before she left. Adjourned.

  Meanwhile, the Federal Defenders filed a letter complaining about the halal meals in the MDC - just peanut butter and jelly - and asking for FD to feed Saipov lunch during the trial.

On January 3, 2023, while the Federal Defenders motion for a prayer rug protocol was approved, individual voir dire continued, and Inner City Press was there, the only media in the courtroom:

OK- Now again in US v Saipov death penalty eligible case jury selection, Jan 3.  Juror 764 says Middle East is "tribes." US wanted more questions, but juror is qualified. Is told not to Google "mitigating factors."

Questioning began of Juror 664 but will continue; there will be rulings on Jurors 360, 224 and 380 (in writing) and 648, orally.

On January 4, questioning of juror 780 was put over to January 5, when lead defense counsel will not be present. Judge Broderick, citing the need for US Marshals to search through food, denied the Federal Defenders' halal lunch motion. But there will apparently be an ex parte / sealed letter on the topic.

  Judge Broderick said an order would issue that night or the next day about the overflow courtroom and logistics. He questioned whether the statute is about victims being in the courtroom itself, and not any overflow. A concern was expressed about victims sitting in what was referred to as the press box.

We'll have more on this.

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

sdny

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