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Saipov Death
Penalty
Deliberations
Juror 4
Absence So
Mistrial
Raised Under
FDPA 3593?
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: "On
January 16 -
MLK Day - the
Federal
Defenders
filed a motion
or notice with
Judge
Broderick that
if Saipov is
convicted in
this liability
stage of any
capital count,
the alternate
jurors should
be dismissed,
under the
Federal Death
Penalty Act.
This means
that losing a
single juror
in the second
phase would
put it all
back to square
one, August
2022."
The statute -
miscited in
the Federal Defenders'
January 16
filing as 3595
when it is
3593, states:
"18 USC
3593(b)(1)
(b)Hearing
Before a Court
or Jury.—If
the attorney
for the
government has
filed a notice
as required
under
subsection (a)
and the
defendant is
found guilty
of or pleads
guilty to an
offense
described in
section 3591,
the judge who
presided at
the trial or
before whom
the guilty
plea was
entered, or
another judge
if that judge
is
unavailable,
shall conduct
a separate
sentencing
hearing to
determine the
punishment to
be imposed.
The hearing
shall be
conducted—
(1)
before the
jury that
determined the
defendant’s
guilt;"
Does "the
jury" mean the
same 12
people? Or does it
include the
alternates?
Since it hasn't been
litigated, it
may mean a
longer wait
for Juror 4.
Watch this
site - Inner
City Press is
preparing a booklet
about the
case. More on
Substack here
***
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