| Saipov
Guilty on All
28 Counts In
1st Stage now
US Opposes His
Video Depo of
Khamis in ADX
By Matthew
Russell Lee, Patreon Song
SDNY COURTHOUSE,
Feb 12 - 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
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 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 8,
Judge Broderick
held a proceeding
and
issued
rulings,
including
these:
OK -
now in death
penalty case
of Saipov, in
run up to
penalty phase
starting Feb
13, now a
proceeding
including on
video depo in
Florence Super
Max.
Judge
Broderick: We
have reached
all jurors,
they can sit
Friday. Juror
37, who is
Juror 1, has
an appointment
on Feb 23, so
can't start
until 11 am.
I'll let the
jurors know.
Juror 531
called
chambers and
was rude and
inappropriate,
about sitting
on Feb 27
Judge
Broderick: I
was going to
pick up the
phone and
speak to Juror
531, who is
Juror 13 in
the box - but
it was not the
time. It will
be, on Monday.
I'm going to
speak with him
about it.
We'll be
there...
Judge
Broderick is
back and says,
I'm going to
read my
decision from
in the witness
box so I can
remove my
mask. I took a
COVID test,
but we had
that occur
earlier in the
case. So to
remove any
concerns, let
me get in the
box. [Does]
Judge
Broderick: I
exclude the
government's
video [of
kids's
reaction] -
they are in
the school
yards. But
from 24 to 27
seconds, it
shows the
truck.
Therefore that
came come in,
on the
selection of
site for acts
of terrorism
factor
Judge
Broderick: I
am allowing in
testimony
about the
psychological
impacts. And,
no court has
excluded
financial
impact
testimony from
a death
penalty case
and I decline
to do so here.
I will read
the jury a
curative
instruction.
On
February 12,
on the eve of
the death
penalty of the
trial, the US
Attorney's
Office filed
opposition to
a defense video deposition:
"The
Government
writes in
response to
the defense
requests (i)
for a video
deposition,
pursuant to
Federal Rule
of Criminal
Procedure 15,
of Khalfan
Khamis
Mohamed, an
inmate at the
United States
Penitentiary
Florence –
Administrative
Maximum
Facility
(“ADX”); or
(ii) in the
alternative,
for Mohamed to
testify at
trial by
two-way
videoconference
from ADX.
(Defense
Letter Dated
February 8,
2023 (“Ltr.”);
February 8,
2023
Transcript
(“Tr.”)
1858–71).1
The Government
objects to
these
requests.
Because
Mohamed is
available to
testify in
court, and
because his
proposed
testimony is
largely
irrelevant and
otherwise
cumulative,
there is no
lawful basis
for him to
testify
remotely. He
should instead
testify in the
same manner as
every other
witness in
this case: in
person and in
court."
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
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2023 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
|
,
