| Saipov
Trial Has Had
Teacher and
Victims now
Motion to
Dismiss
Alternates
Before 2d
Phase
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Jan 16 - Sayfullo Saipov is
now in a trial 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
tweet it
here
and below.
On January 6,
2023 after a
long jury
selection
that Inner
City Press
covered, some
below, Judge
Broderick
confirmed that
the trial
would start January
9. And
it did.
On
January 9,
2023, Inner
City Press was
presented and
live tweeted,
thread here.
On
January 10,
2023,
witnesses from
families run
down by Saipov
testified,
with
interpreters,
and the day
ended with a
video of Home
Depot. One
juror wants to
ask questions about Saipov'
driver's license,
another if he
is an
alternate. Inner City
Press was
there, thread
here.
On Day 3,
there were
more victims,
including from
Argentina -
and now a
five day
break, as the
US
case, or first
part of the
case, is
moving
quickly. Inner
City Press
live tweeted
thread here
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. Watch
this site
Martin Marro
shows wounds, courtesy of Elizabeth
Williams
On October
13,
2022
Saipov's
Federal
Defenders
wrote to object to
any disqualification of
anti death
penalty
jurors, focusing
on Juror 17
who cited
his religious
opposition to
the death
penalty. They
argue that
exclusion
would violate
the Free
Exercise Clause
of the
First
Amendment. Inclusion
would
guarantee no
death penalty
imposed.
On December
20, Saipov's
Federal Defenders
objected to
the US
Attorney's
Office using 14 of
its 20
peremptory
strikes...
against women.
On
December 22,
the US struck
back, pointing
out that Team
Saipov used 12
of its 20
peremptories
against
women, "the
defendants
Batson challenge
may be
rejected on
that ground
alone."
On
Friday,
December 23, Judge
Broderick
continued jury
selection.
Inner City
Press live
tweeted, thread
here:
OK- Now again
in US v Saipov
death penalty
eligible case
jury
selection, Dec
23 past 4 pm.
Judge
Broderick says
trial will
start Jan 9,
and run to end
of March.
Juror 707 has
a ticket to
Jamaica March
23, heading
down to email
it to court.
Juror 707 has
returned and
is being
excused, as is
Juror 713 who
answered "N/A"
on
questionnaire
when asked for
views on the
death penalty.
It's
past 5 pm,
with jurors
714 and 720
still to be
questioned,
723, 724 and
732 to be told
to return
another day.
Questionnaire
was in August,
then fot a Jan
3 trial. Now
with jury
selection
still not
over, so trial
pushed to Jan
9.
Juror
714 has said
that as a
Catholic she
is against the
death penalty,
favor life
imprisonment,
and would only
vote for that.
She will be
questioned 10
or 25 more
minutes: 720
is being sent
home after
waiting for a
long time
Juror 714: I
would not want
to carry the
burden of
having voted
to impose the
death penalty.
Federal
Defenders
still want
her, it seems.
But juror 714
is struck for
cause. And
juror 720
cried before
she left.
Adjourned.
Meanwhile, the
Federal
Defenders filed a
letter complaining
about the
halal meals in
the MDC - just peanut butter
and jelly -
and asking
for FD to feed
Saipov
lunch during
the trial.
On
January 3, 2023,
while the
Federal
Defenders
motion for a
prayer rug
protocol was
approved,
individual
voir dire
continued, and
Inner City
Press was
there, the
only media in
the courtroom:
OK- Now
again in US v
Saipov death
penalty
eligible case
jury
selection, Jan
3. Juror
764 says
Middle East is
"tribes." US
wanted more
questions, but
juror is
qualified. Is
told not to
Google
"mitigating
factors."
Questioning
began of Juror
664 but will
continue; there
will be
rulings on
Jurors
360, 224 and
380 (in
writing) and
648, orally.
On January
4, questioning
of juror 780
was put over
to January 5,
when lead
defense
counsel will
not be
present. Judge
Broderick, citing
the need for
US Marshals
to search
through food,
denied the
Federal
Defenders' halal
lunch motion.
But there will
apparently be
an ex parte
/
sealed letter
on the topic.
Judge
Broderick said
an order would
issue that
night or the
next day about the
overflow
courtroom and
logistics. He
questioned
whether the
statute is
about victims
being in the
courtroom
itself, and
not any
overflow. A
concern was expressed
about victims
sitting in
what was
referred to as
the press box.
We'll
have more on
this.
The case
is US v.
Saipov,
17-cr-722
(Broderick)
***
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