Death Penalty Interruptus? In Saipov Capital Case Deliberations Juror 4 Absent - Mistrial Raised Under FDPA 3593?

By Matthew Russell Lee, Patreon Letter

SDNY COURTHOUSE, March 9 - 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.

 But in the penalty phase, on March 9 for deliberations, Juror 4 did not come in, due to an undisclosed emergency with a relative (who may or may not be in law enforcement). Judge Broderick noted a Federal Defenders argument, which Inner City Press first wrote about on January 16, 2023: "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."

  The statute - miscited in the Federal Defenders' January 16 filing as 3595 when it is 3593, states:

"18 USC 3593(b)(1)  (b)Hearing Before a Court or Jury.—If the attorney for the government has filed a notice as required under subsection (a) and the defendant is found guilty of or pleads guilty to an offense described in section 3591, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted—  (1)  before the jury that determined the defendant’s guilt;"

 Does "the jury" mean the same 12 people? Or does it include the alternates? Since it hasn't been litigated, it may mean a longer wait for Juror 4. Watch this site - Inner City Press is preparing a booklet about the case.

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