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By Matthew Russell Lee, Patreon Letter

SDNY COURTHOUSE, March 9 - Sayfullo Saipov after being found guilty on 28 counts now faces 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 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 is preparing 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:

Judge Broderick: OK, Juror 652 has joined them and they have begun again. So, the waiting for (next) notes continues. Watch this feed.

 OK - at 1:19 pm, Judge Broderick reading out the first note from the "new" jury with Juror 652 as Juror 4. Judge: We have a note which reads as follow: on non-statutory aggravating factor 4, is a verbal threat in prison an act of violence? Is the threat to behead?

 Saipov is brought back into courtroom; Judge Broderick is reading out loud both sides' proposed answers to juror questions, on beheading threats and how ADX Florence super max is run.

Judge Broderick: So I'll answer no, no and you are entitled to consider all the evidence that is before you. So I will call the jury out and read the note into the record and response to each question just after I read it. Ms. Rodriguez, please get the jury

 Judge Broderick: This is off the record. Ms. Houle, you may not see it, but my jeans are not on. [He is robed] Jury entering! Judge Broderick: You asked, is a verbal threat in prison a criminal act of violence? The answer is no.

Judge Broderick: Nor is call for the beheading of corrections officers- it is not a criminal act of violence. .. You may now return to your deliberations.

 Now at 4:45 pm Judge Broderick asks for Saipov to be brought in from the holding cell. Judge: I have received a note from the jury, that they are not going to be able to reach a verdict today. I take that to mean they want to leave and return Monday.

 While waiting for jury to confirm they want to leave for the day and week, Judge Broderick says, This is probably going to be one of the biggest decisions of their lives, I think they just want to take a little time. Judge Broderick: They say, We want to break.

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