In SDNY For Saipov Judge
Broderick Dismisses Previous Jury Pool
Predicts No Trail Until Fall
By Matthew
Russell Lee, Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
April 23 – Sayfullo
Saipov faces a trial that may
result in the death penalty
for killing eight people with
a van along the West Side
Highway.
On April
23, U.S. District Court for
the Southern District of New
York Judge Vernon S. Broderick
held a conference on the case,
resulting in a decision to
release the previously
questioned jurors and start
over, when it is possible.
Inner City Press covered it.
Judge
Broderick said there will
probably be no SDNY jury
trials until the Fall.
Federal Defender Patton said
he does not favor keeping the
jury pool to which
questionnaires were previously
given. He said people's
answers might have changed.
AUSA
Houle said the government does
not object to dismissing that
pool.
Judge
Broderick agreed, adding that
their personal situation might
have changed as will have the
timing of the trial, "perhaps
some time next year."
Ms. Thomas
said, We'll leave a message
that they no longer need to
call, the usual discharge of
the jury. With the thanks of
the court, of course.
Judge
Broderick looked forward: Once
we start letting members of
the public back into the
courthouse, what actually
needs to happen from each
party's perspective, in terms
of the openness of the court
and of society, to move this
forward? Travel from overseas,
social distancing.... There
with be communications from
the Chief Judge, and from the
governor about restrictions,
or the Federal government.
Judge Broderick said, The next
date in is June, tied to the
day the Chief Judge excluded
Speed Trial Act until. "We
could extend that if needed,"
he concluded. Inner City Press
will continue to cover this
case.
Previously, on April 19
Saipov's Federal Defenders
raised questions: "United
States v. Saipov, (S1) 17 Cr.
722 (VSB) Dear Judge
Broderick: We appreciate the
Jury Clerk’s provision of
well-organized data responsive
to our demand for grand jury
records (ECF No. 218,
Attachment # 1, Declaration of
Jeffrey Martin), which was
endorsed by the Court (ECF No.
294). We write to follow up on
a few incomplete responses: 1.
The data supplied only
included the odd page numbers
for the Jury Plan. Please
provide the entire Jury Plan.
(If any other information that
was meant to be supplied has
the same problem with copying,
please supply the missing
information.) 2. The Form
AO-12 for the Foley Division
was supplied. Because the
Foley Division and the White
Plains Division overlap
geographically, the Form AO-12
for the White Plains Division
2013 Jury Wheel is requested.
3. The email included in Jury
Exhibit #1 is partially
obscured by a sticky note.
Please supply the entire
email. 4. The response to the
request for the voter
registration source list is
"Available directly from Board
of Elections". The voter
registration used to create
the Jury Wheel used to summon
grand jurors in this case is
not the current voter list
available from the Board of
Elections but rather a
historical list supplied to
the Court. Please supply the
list received by the Court to
create the 2013 Master Wheels.
5. The data supplied included
Jury Exhibit #4 (persons
selected as potential grand
jurors), electronic file Pool
101170310, and the 2013 Master
Jury Wheel (Wheel 04
spreadsheet). There are some
inconsistencies between these
files; please explain the
discrepancies. Some of the
persons on Jury Exhibit #4
(persons selected as potential
grand jurors) are not in Pool
101170310 and/or not in the
2013 Master Jury Wheel (Wheel
04 spreadsheet). What is the
explanation for why these
persons are on Jury Exhibit
#4? 7. Some of the persons in
Pool 101170310 are not in the
2013 Master Jury Wheel (Wheel
04 spreadsheet). What is the
explanation for why these
persons are listed in Pool
101170310? Needless to say, we
understand if the Jury Clerk
is unable to access the
requested information until
the courthouse fully
re-opens." Inner City Press
will continue to cover this
case as closely as possible.
At a court
appearance on November 18
before U.S. District Court for
the Southern District of New
York Judge Vernon S.
Broderick, after his Federal
Defender inquired into Saipov
receiving dental care, Saipov
told Judge Broderick he had
not right to judge him.
As Inner City Press recounted
moments later outside the
courthouse on Pericope here
- any use of phones in the
courtroom was prohibited -
Saipov asked Broderick, What
about the thousands or
millions of Muslims killed by
American bombs?
Judge
Broderick replied, I am just
the referee, it is the jury
that will judge you. And it
emerged, that jury might be
anonymous and/or
semi-sequestered.
Much
of the November 20 conference,
delayed by problems with the
sound system for the Uzbek
interpreter, concerned how the
jury will be selected. Some
3000 questionnaires will be
mailed out, asking potential
jurors about hardship but not
disclosing what the case is
about.
Judge
Broderick said, with response
rates to such summons being
being 30%, perhaps it was
better to spring more
information on the prospect
once they were in court.
Federal Defender alluded to an
"incident" in which
unspeficied inappropriate
language was used; Judge
Broderick responded but left
the issue murky. Then Saipov
asked to speak, and did. The
case is US v. Saipov,
17-cr-722 (Broderick).
***
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