| In
Saipov Death
Penalty Phase
EDNY Cases
Cited and
Legislative
History on
Religious Bias
By Matthew
Russell Lee, Patreon Letter
SDNY COURTHOUSE,
March 6 - 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
February 21 members
of the
media were not
allowed into
the courtroom,
only to elsewhere in
the courtroom
where a feed
shows only
part of
the courtroom.
Inner City Press,
the first of many
media in
opposition,
wrote to Judge
Broderick,
here
Here's from
the day's
testimony,
after which
Judge
Broderick said
the press
can have a bench in the
back, thread here.
On February 22, there was a single witness, about
ADX Florence.
Thread here.
On February 28 as part of the defense
case, an expert on Central Asia testified.
Thread here.
On March 1, the defense rested its case,
sans Saipov. Inner City Press live tweeted
here:
OK - in Saipov death penalty trial now
defense puts in relative about Sayfullo
Saipov coming to US from #Uzbekistan
on green card.
Mother: Sayfullo decided to drive
trucks and took lessons to do so.
Federal Defender: Were you able to stay in
touch with him?
Mother: Yes, he would call me while
driving. He got married in 2012 and had
three children
Judge Broderick asks Saipov is he'll
want to attended, on Monday, the jury
charge conference in his death penalty
case. No, he does not. Better things
to do, apparently.
Jury entering!
This is the defense's last witness: Steven
Wein of the US Marshals Service. Federal
Defender: Do you drive Mr. Saipov to
court? Wein: I do. He travels alone, under
the SAMs.
After a brief direct of US Marshal
Wein, no cross examination by the
prosecutors. Judge Broderick asks jurors
to step out (again) for a moment, and not
to discuss the case.
Judge: Mr. Saipov, do you want to testify?
Saipov: Not now.
The trial is ending... Judge Broderick to
the jury: Come back on Tuesday for
summations. There are cookies in the jury
room and you can take them with you. Never
say the government didn't give you
anything.
On March 3, the US Attorney's Office wrote
to Judge Broderick seeking to preclude the
defense from arguing in closing that the
jury should choose a "civilized sense of
justice" over "barbarism."
Federal Defenders also wrote it,
protesting the US' proposed verdict form
and proposed penalty-phase instructions,
and submitting its own in advance of the
charge conference set for March 6.
On March 6 at the charge conference, EDNY
cases and legislative history were argued,
thread here:
OK - death penalty trial of US v. Sayfullo
Saipov, today is the charging conference
before tomorrow's closing arguments.
Judge Broderick: Info from Mr. Saipov's
phones was utilized in both phases... Any
objection this revision to the charge?
AUSA: No. Federal Defenders: It seems
unclear if Corrections Officers are law
enforcement officer for this purpose.
Judge: I'll take it out.
After Judge Broderick scheduled an
unrelated criminal case Inner City Press
is also covering, here...
The charge conference continues, with the
Federal Defenders reiterating motions
about aggravating factors they made in...
2018.
Judge: Duly noted. Here in death penalty
trial courtroom for charging conference,
no Saipov, and only 5 of us in the
gallery.
Judge Broderick asks what was done in
EDNY case of US v Wilson
Federal Defenders propose telling jurors
to imagine Saipov's (and victims'?)
religions reversed, citing legislative
history of Federal Death Penalty Act.
Inner City
Press will
stay on the case.
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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