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Saipov Death
Penalty
Deliberations
Juror 4 Absent
Now 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.
Back 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
On March 8, after more argument, there was
the jury charge, then deliberations began
with two notes (and "no" answers). The
jury was let go after 5:30 and will resume
on March 9. March 8 there here:
OK - now in death penalty trial endgame in
US v Sayfullo Saipov for killing 8 on bike
path, before jury charge,
Judge hearing yet more arguments before
having the jury come in. Now Judge
Broderick says he's going to finalize and
print out the jury charge - jurors are
still in the bullpen and he says he'll see
if they can have lunch then listen for two
to three hours "which is what it's going
to take"
Finally the jury is being brought it
to hear the charge. First Judge Broderick
asks Saipov to confirm he waived his
presence for arguments, since he was
praying and eating lunch - the lunch the
Federal Defenders briefed if not cooked
for him?
Near 1:30 pm, Judge Broderick starts
reading 43 page jury charge, the final
version which is been docketed
There's also the 18 page verdict form to
be giving out after the charge.In
half-full Saipov courtroom, after the
charge, two quartets of lawyers as two US
Marshals stand ready to bring Saipov back
in from holding cell if there is a note.
Too early for a verdict...
Can - and, separately, will - the
Saipov jurors discuss the *method* that
would be used for execution, and DOJ
moratorium? Here comes Judge
Broderick back to the bench.
Judge Broderick: So I will tell them it is
inappropriate and they should not discuss
it. But my understanding is that in NY, it
would not necessarily be lethal injection,
right? Since NYS does not have the death
penalty, the decision on method would fall
to me?
Judge Broderick: It's concerning
that they're starting off with an
incorrect assumption. But I'm sticking my
head where it need not go. I'll call out
the jury and read them the response. Let's
get the jury.
Jury entering! Judge Broderick: You asked,
Knowing that the method of execution is
lethal injection, can we discuss that? Can
we mention the current moratorium on
execution by AG Merrick Garland? I
instruct you these are not proper
considerations, do not discuss
Now at 5:40 pm, Judge Broderick
returns to the bench.
Judge Broderick: Any objection to my
calling upstairs the 5 alternatives as
well as the 12?
AUSA: No. FD: No. Judge: OK, bring them
up. This can be off the record - Mr.
Dalack, no letter tonight. I'm up. Jury
entering! Judge Broderick: Jurors, return
tomorrow. Do not discuss the case except
when the 12 are together. [Jurors
leave]
Judge Broderick: Yesterday Juror 9 / 292
used the public restroom. I wanted to
inform the parties. Counsel: Thank
you. All leave.
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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