Saipov
Death Penalty
Trial Slowed
By Juror Email
Kept Sealed
Now FBI Expert
on DNA
By Matthew
Russell Lee, Patreon
SDNY COURTHOUSE,
Jan 17 - 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.
On January
17 the trial
re-started...
sort of. A
juror
had emailed
Judge
Broderick's
chamber and
there ensured
five hours of
entirely
sealed
questioning of
jurors (we'll
have more on
this). Inner
City Press'
live tweeted
thread here:
OK -
now death
penalty trial
of Saipov
resumes. Judge
Broderick
speaking
before jury
comes in -
about a juror
note that he
says he won't
make public at
this time.
Jury
problems in
death penalty
case: Judge
Broderick: I
propose to
question each
juror in the
jury room
under oath.
Mr. Patton,
ask your
client if he
will waive his
presence. Any
objection that
we do it in
the jury room?
AUSA: No. FD
Patton: No
objection.
Judge
Broderick said
that the email
"essentially
to my
chambers"
implicated
other jurors
and even their
health related
information.
No Press at
the
questioning so
that jurors
will be
candid.
And
they're baaack
- after more
than five
hours. Here on
the 24th
floor, people
milled around
in the hall.
Now Judge has
retaken bench,
talking about
COVID tests
for jurors.
Federal
Defender asks,
still without
the jury in
the box, that
audio of the
school bus be
silenced,
appearing to
say that the
children
insider are
not victims
for purpose of
this case.
AUSA:
We are focused
on the
reaction of
bystanders,
some of whom
are children
Judge: I am
going to allow
into evidence
Govt Exhibit
404B, but
without the
audio. Is the
bus driver
going to be a
witness? AUSA:
No. We'll have
another
witness.
Judge: Can I
see GX 410
again, and the
audio? [It is
played,
including "oh
sh*t, are you
ok?"]
In
death penalty
trial of
Saipov, it's
430 pm and
they are
bringing the
jurors out for
the first time
of the day.
Judge:
I apologize,
next time I
will give
advance
warning of
questioning,
there was no
particular
triggering
event. If you
feel sick,
test yourself
Judge:
Or you can
test in the
court. Just
tell us. Now
we'll begin
with a
stipulation,
including
about DNA
swabs on the
truck.
1st (and
probably only)
witness of the
day: FBI
Forensics
expert Lara
Adams, in from
Quantico. She
says "an
octillion
times more
likely"
Judge
Broderick:
We're going to
break for the
day and
continue the
testimony
tomorrow.
Remember, no
emailing. Good
evening.
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."
The case
is US v.
Saipov,
17-cr-722
(Broderick)
***
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