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For Saipov Sentencing US Wants 25 Victims To Speak after Saipov Defense Says Unprecedented

By Matthew Russell Lee, Patreon Letter Book

SDNY COURTHOUSE, May 12 - Sayfullo Saipov after being found guilty on 28 counts faced 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

With a replacement Juror 4, deliberations started over, including a note with questions about threats to behead, and ADX, thread here

On March 13, in the afternoon it ended - with no decision, therefore a decision not to execute. Booklet here, thread here.

On March 20, Judge Broderick gave a time for the US to respond to Saipov's request to be sentenced (to life imprisonment) in the week of April 17: "MEMO ENDORSEMENT as to Sayfullo Habibullaevic Saipov on re: [777] LETTER MOTION addressed to Judge Vernon S. Broderick from David Patton dated 3/20/2023 re: Date for Formal Sentencing. ENDORSEMENT: The Government's request for leave to respond to this letter by March 22, 2023 is hereby granted. I will make a decision on the sentencing date after receiving the Government's letter. (Signed by Judge Vernon S. Broderick on 3/20/2023)." Watch this site.

  On April 2, the US wrote in to say that Federal Defenders should disclose, at least ex parte, all of who worked on the case, and that the information be preserved for any appeals by Saipov.

On April 4, Judge Broderick ordered: "ORDER as to Sayfullo Habibullaevic Saipov. In addition to raising any issues with the proposed sentencing date, (see Doc. 784), the parties shall also include in their response on April 12, 2023 whether or not there are any objections to the jurors attending the sentencing. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/4/23)

On May 15 Judge Broderick ruled: " MEMO ENDORSEMENT as to Sayfullo Habibullaevic Saipov on re: [790] LETTER by USA as to Sayfullo Habibullaevic Saipov addressed to Judge Vernon S. Broderick re: Sentencing Procedures. ENDORSEMENT: It is hereby ORDERED that the Government's request to allow victims speaking at sentencing to speak after the Defendant addresses the Court (if he chooses to make a statement) is DENIED in accordance with the sentencing procedures set forth in recent death penalty sentencings. See, e.g., United States v. Roof, Criminal No. 2:15472RMG (ECF 949); United States v. Tsarnaev, 1:13-cr-10200-GAO (ECF 1634); United States v. Wilson, 1:04-cr-01016-NGG (ECF 412). IT IS FURTHER ORDERED that the Defense shall identify any objections to the Final Presentence Investigation Report by 2:00 p.m. on Monday, May 15, 2023. IT IS FURTHER ORDERED that in accordance with the Government's third request, I will instruct the courtroom interpreters to pause public translation if such an objection is lodged by the Government. (Signed by Judge Vernon S. Broderick on 5/15/2023)

The case is US v. Saipov, 17-cr-722 (Broderick)

Watch this site

Saipov courtesy to Inner CIty Press by
                            Elizabeth Williams
Saipov, courtesy to Inner City Press by Elizabeth Williams

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