| In Saipov
Capital Trial Jurors Decline to Impose
Death Penalty For 8 Murders So Life in
Prison
by
Matthew Russell Lee, Patreon Book
Substack
SDNY COURTHOUSE,
March 13 - 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
On March
13, in the afternoon it ended - with no
decision, therefore a decision not to
execute. Booklet coming - for now, thread
here:
OK- during death penalty deliberations on
Saipov, after hours of radio silence from
the jury, now prosecutors Houle &
Richmond are at the front table, Saipov
led in to the back. S
aipov is dressed in red. Still waiting for
Judge Broderick. Meanwhile, just docketed
is this: "LETTER by USA as to Sayfullo
Habibullaevic Saipov dated March 13, 2023
re: Pertinent Authorities for Any Allen
Charge Document."
The defense objects to an Allen charge
Judge Broderick takes to the bench. Judge:
There is a note from the jury, that they
are not able to reach a unanimous verdict.
It is signed by Juror 1. I would like to
hear from the parties about polling the
jury --
FD Levine: We will now file a response to
the US
Judge Broderick leaves the bench to
read the two sides' letter. Meanwhile,
from the US' letter, a case where the
judge responded "please continue your
deliberations. Approximately 1 hour later,
the jury returned a sentence of death. US
v. Fields, 483 F. 3d 313."
Now at 2:38 pm with Judge Broderick off
the bench reading the parties' Allen
charge letters after a jury note that they
could not reach unanimity, word comes that
a verdict has been reached. Seems strange.
Saipov still not back at his seat...
Update: Now Saipov *has* been brought back
in by the US Marshals. He's at defense
table, smoothing down his hair. Here comes
Judge Broderick. Judge: Mr. Saipov, can
you hear from the interpreter? Saipov:
Yes. AUSA: We are proposing polling at
this time...
AUSA: Each jurors should get a piece of
paper which asks if they believe that
further discussion could lead to a
unanimous verdict. Judge Broderick: What
about how long this jury has been out?
AUSA: There have been a lot of mitigating
and aggravating factors
FD Patton: The US is using a state
death penalty case from Louisiana, under
the habeus standard. Here, your Honor
instructed the jury, If you conclude you
are unable to reach a unanimous decision,
let me know by note. They did...
FD Patton: What is the point of polling?
Whether its 11 to 1, or six to six, the
court should not consider that. AUSA
Houle: There is also a Fifth Circuit case
that acknowledges the benefits of polling.
Judge Broderick: I consider how the charge
was formulated
Judge Broderick: I am not going to poll
the jury. I do not find it would violate
Mr. Saipov's rights. But based on the
instructions I gave them, they gave me the
same language back. And nothing indicates
that they are not fully satisfied.
[Phone rings.]
Judge Broderick: Each death penalty case
that comes after this one, each Judge is
going to have to make his or her decision
on whether to poll. Okay. My intention
would be to have the alternates come out,
then the jury. I'll ask if they've
completed the form.
Judge Broderick: Ms. Rodriguez, if you
could have the alternate jurors to come
up. I'll tell them they can bring their
personal items up - any objection? Well,
I'll have them keep their belonging
downstairs. I'll tell the jurors they can
now speak, if they wish...
Update: Judge Broderick has sent the
jurors back to each sign the verdict
sheet. The remaining alternate jurors are
still in the courtroom. The defense
lawyers are passing notes among
themselves, with Saipov looking on.
Judge Broderick: The jurors have sent
another note, that the verdict form as
been completed. Judge: Please hand the
verdict form to Ms. Rodriguez, please.
[Judge Broderick, wearing white COVID
mask, flips through the jury form.] Judge:
I'm going to read the form
Judge Broderick: So you unanimously find
Sayfullo Saipov was 18 years old? Yes is
checked. Now Section II. Counts 1-8 and
count 28 - we unanimously find that this
factor has been proved beyond a reasonable
doubt. 2, the same - unanimous finding of
yes.
Judge Broderick: 3, you have checked yes,
we unanimously find the factor has been
proved beyond a reasonable doubt. 4, you
have checked We unanimously find it has
been proved beyond a reasonable doubt.
Part B: any non unanimous? None, is
written.
Judge Broderick: Now, statutory
aggravating factors. Part A1, the deaths
of Diego Enrique Angelini, Nicholas
Cleves, Ann-Laure Decadt, Darren Drake,
Ariel Erlij, Hernan Ferruchi, Hernan Diego
Mendoza & Alejandro Damian Pagnucco -
unanimously, it has been proved
Judge: Again, Part B, any
non-unanimous? None is written. Twice.
Now, non-statutory aggravating factors.
4(1), you have unanimously found. And
4(2), on Count 28, you have unanimously
found. 4(3), the defendant did this to
further ISIS - you have unanimously found
Judge: 4(4), future violence - you have
marked, We do NOT unanimously find this
has been proved as to any of the capital
counts. [Not]
Judge Broderick: 4(5), you have
unanimously found the intent to instill
fear. And 4(6), lack of remorse, you have
unanimously found. Now the mitigating
factors. Factor 1, would be
incarcerated for life. 12 so find, as on H
Unit at ADX Florence: 12
Judge Broderick: Also 12 each on
mitigating factors 3 through 26.
Mitigating factor 27, are there some who
believe life imprisonment is appropriate?
Number of jurors: seven. [Seven]
Judge Broderick: On the rest of item
27, there are not factors filled out. Now
Section 6, Determination of Sentence.
Count One - "There is nothing checked
off." [Nothing checked off - continues for
all other counts]
Judge Broderick: Juror Number 1, does the
special verdict form indicate your
decision in this case? Yes, your Honor. So
say Jurors 2-12. Judge Broderick:
The case is now concluded. You are free to
discuss the case if you so choose.
Judge Broderick: Jurors, consider whether
to discuss what happened in the jury room.
You are now excused. I will come back and
thank each of you.
The
case is US v.
Saipov,
17-cr-722
(Broderick)
Watch
this site
Saipov, courtesy to Inner City
Press by Elizabeth Williams
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