Saipov Death Penalty Phase Day 6 Has Final US Witnesses with Press Excluded From Courtroom, then reversed: back bench / bench back
By Matthew Russell Lee, Patreon Letter
SDNY COURTHOUSE, Feb 21 - 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 February 21 members of the media were not allowed into the courtroom, only to elsewhere in the courtroom where a feed shows only part of the courtroom. Inner City Press, the first of many media in opposition, wrote to Judge Broderick, here
Here's from the day's testimony, after which Judge Broderick said the press can have a bench in the back, thread here and below.
Saipov, courtesy to Inner City Press by Elizabeth Williams
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Thread: OK - now with media excluded from courtroom in death penalty phase in US v. Saipov, week's 1st witness is the sister of victim Kristin Lin, with a prepared statement.
Sister: Kristin was on the special needs school bus that day. She used to walk our dog along that bike pat
Next witness is Ivan Brajckovic. AUSA: Remind the jury, were you present on the bike path with your friends from Argentina Brajckovic: Yes. My friend Ariel Erlij was killed. 40 years of friendship... (sobs; jurors reactions cannot be described)
Next witness is Pabla Pereyra, wife of victim Ariel Erlij. She was 16 when they met; 23 when they married. AUSA: How was your wedding? Pabla Pereyra: It was the best wedding of the year. [Photos shown; reactions unseen]
Next witness in courtroom with media excluded is mother of Saipov victim Darren Drake. AUSA: Who is in this photo? Ms. Drake: Darren Drake. The photo was from 2017. He was 32, when he died... He played football, as a lineman, but mowing people down wasn't in him
Ms. Drake: Darren was our only child. We miss him terribly. We have set up a foundation in his name, for scholarships to trade school. AUSA: No further question. Judge Broderick: Cross-examination? FD Dalack: No, your Honor. [Can't see jury response about Drake]
Next US witness is Darren Drake's cousin, who says he loved singing karaoke, they'd go bar to bar in Hoboken. His death, she says, has changed everything for her. Impossible to see response of jurors. Will Judge Broderick address the pending motions before 5:30?
Judge Broderick is letting the jurors go for the day. He says he'll have "brief comments for the gallery." But first, AUSA Houle says the defense didn't give them any notes about preparing the Saipov family members for testimony.
Judge Broderick: Folks in the gallery. Thanks for your cooperation. What I would say is that we do have a full house. I'm going to instruct that the bench all the way in the back is going to be reserved for members of the press. I want to notify you. OK. Adjourned
Inner City Press will stay on the case.
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