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Saipov Death Penalty Phase Day 2 Has MCC Video As Saipov Said to Cut Off Head of Guard

By Matthew Russell Lee, Patreon Song

SDNY COURTHOUSE, Feb 14 - 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.

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 to come.

The US Attorney's Office said Saipov "was found guilty of eight counts of murder in aid of racketeering activity, which carry a penalty of death or life in prison... The penalty phase is scheduled to begin on February 6, 2023." [That  slipped to February 13].

On February 13, the death penalty phase began. Inner City Press was there, live tweeted thread here.

On February 14, in Day 2 of the death penalty phase, the government showed video from inside the Metropolitan Correctional Center (the type of video it did NOT have for Jeffrey Epstein), on a day the BOP official said Saipov spoke of having a guard beheaded. Thread here:

OK - Day 2 of  death penalty phase in US v. Saipov with friend of 1 of 8 deceased victims on the witness stand. Jury entering! Judge Broderick: Good morning. We will continue with Mr. Benvenuto on the stand. AUSA: What impact has Hernan's death had on you? Benvenuto: It is hard to express. It is a pain that will mark me the rest of my life.

Now the prosecutors put into evidence a photo of a tattoo the witness got, about deceased Hernan.

Saipov's Federal Defenders are opposing admission of information about the victims, saying it enflames the emotions of the jurors "in violation of the 8th Amendment." AUSA: Mr. Saipov drove over her. We are putting in a photograph of her in a wheelchair

 Next witness is Bureau of Prisons' Rosa Proto.  AUSA: What is the purpose of the BOP? Proto: To protect inmates, staff, and society.

 AUSA: Where you in charge of the SAM Unit at the MCC? Proto: Yes. AUSA: Where is the MCC?

Proto: 150 Park Row. AUSA: And what are SAMs?

Proto: Special Administrative Measures. They are decided by the Attorney General. AUSA: Did you deal with Mr. Saipov in the MCC on Dec 18, 2019?

Proto: Yes. He had a social call. AUSA: Did you go to his cell? Proto: Yes, with an officer, because Mr. Saipov had covered the security camera in his cell.

AUSA: What did Mr. Saipov say to you? Proto: That the officer during the night was an animal, and that he would not uncover the camera until the officer's head was chopped off. The officer had woken him up in the night, he said.

 Now prosecutors are playing for the jurors a video from inside the Metropolitan Correctional Center, outside Saipov's cell on Dec 18, 2019. [Hard not to think, they have this, but no video of Jeffrey Epstein's fateful night.]

Cross examination. Federal Defender: Visitors in the SAMs unit cannot touch the prisoner, even with paper, right?

Proto: No. FD: And -- Judge Broderick: I think she said "no." FD: Thank you. Let me clean that up. Is it correct that contact is prohibited? A: Yes.

Federal Defender: In the SAMs Unit, the officers checked on inmates during the night with the flashlight, right? Proto: Yes. Federal Defender:  And to leave the cell, the escort was one lieutenant and 2 officers, correct? Proto: Yes.

Next witness is Juan Pablo Trevisan, from Argentina. He was biking that day... AUSA: What were your injuries? Trevisan: Fractured wrist, nerve in elbow. AUSA: I'd like to start with your group of friends...

Prosecutors show jury Trevisan's video of the group biking through Central Park on Halloween 2017. AUSA: Why did you record these videos? Trevisan: We watched them later. We put them on a WhatsApp group.

Just before 5:30, Judge Broderick lets the jurors go, after asking the parties to at least list exhibits they may object to.

 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
Saipov, courtesy to Inner City Press by Elizabeth Williams

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