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Saipov Death
Penalty
Closing
Defense Tells
Jury to Choose
Life But
Mistrial Again
Denied
By Matthew
Russell Lee, Patreon Letter
SDNY COURTHOUSE,
March 7 - 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
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
On March 7, the US Attorney's Office
closing; Inner City Press was there,
thread here.
Later on March 7, the defense's closing,
and US Attorney's Office's reputtal,
resumed thread here
They're back for Saipov's Federal
Defender's closing.
FD Patton: It is not necessary to kill
Sayfullo Saipov. By your verdict last
month you have guaranteed he will be sent
away for one of the most isolated spots on
the planet. Decide for life.
FD Patton: Meeting death with more
death is not the answer. Nothing we do can
undo what Mr. Saipov did. But dying in far
away prison, forgotten, is more than dying
as a martyr. The law never requires
death no matter how horrific the crime
FD Patton: This is a moral decision -
AUSA: Objection! Judge: It's argument,
I'll allow it. Proceed. FD Patton: Let's
turn now to where Mr. Saipov is headed.
It's in the high desert. There are 3
showers a week, and 2 calls a month.
FD Patton: There's 9 inch TV with
basic channels... Mr. Saipov's life will
be regulated, he will no make choices. He
will be a cage by himself and maybe given
a ball to hit against the wall. Here's the
library: a non-Internet computer with a
legal database
FD Patton: In the 21 years of ADX,
there have been two razor blades found, in
2003 and 2018. And one someone figured out
how to distill alcohol from some of the
food they served. They stopped serving
that food.
FD Patton: Sayfullo Saipov hasn't
actually harmed anyone in 5 & a half
years. You heard from our expert Noah
Tucker... After Halloween, Sayfullo's
father was detained in Uzbekistan for 15
days... Your Honor, may we take a break?
Judge: Yes. Thread will continue
FD Patton is closing his closing
with a quote for "Just Mercy" by Bryan
Stevenson Now US rebuttal by AUSA Jason
Richman: AUSA Richman: The defense asked
you to choose life. It was Saipov who
chose death. For eight people. So
this is not just about adding up
mitigating and aggravating factors
AUSA Richman: When the defendant shows you
who he is, believe him. He can sit and
plan just like he did on October 31 --
Federal Defender: Objection! Judge
Broderick: It's argument. I'll allow it.
AUSA Richman: People do get off of SAMs
AUSA Richman: No one said he seemed
possessed -- Federal Defender: Objection!
Judge Broderick: Overruled. Continue.
AUSA Richman: Noah Tucker never met
Saipov. The pain his family showed? He
himself caused it.
AUSA Richman: Don't the deaths he
caused call for more than the minimum?
Federal Defender: Objection! Judge
Broderick. Yes. Move on. AUSA: He asked to
hang an ISIS flag in his hospital room
Judge Broderick: Jurors, tomorrow we
will have the jury charge. It will take
several hours. Then you will deliberate
[on the death penalty]
With jury gone, Federal Defender
specifies objections, that AUSA Richman
said they can't guarantee Saipov won't be
a danger, saying it shifts the burden.
Mistrial requested again.
Judge Broderick : I deny the motion for a
mistrial. Judge Broderick: Let's discuss
the remaining jury charge issues.
Federal Defender: The Marshals transport
is here and Mr. Saipov would like to
leave. Judge: Do you want to leave?
Saipov: Yes I want to leave [Does.]
Judge Broderick: It's not quite over yet,
but I want to thank everyone for their
work on this for the last five years. I
apologize for my levity - see you
tomorrow. Now updated story coming.
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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