A jury on Monday will begin considering whether an Islamic extremist who killed eight people on a New York City bike path should get a death sentence, an extraordinarily rare penalty in a state that hasn’t had an execution in 60 years.
Sayfullo Saipov, 35, was convicted last month in the 2017 attack, in which he intentionally drove a truck at high speed down a path along the Hudson River, mowing down bicyclists on a sunny morning hours before the city’s Halloween celebrations.
The same jury that found Saipov guilty will return to work, hearing from additional witnesses in the trial’s penalty phase. Anything less than a unanimous vote for death will mean Saipov will spend the rest of his life in prison.
Saipov’s lawyers hope to convince jurors that a life term is punishment enough for the attack that killed five friends from Argentina, a woman from Belgium and two Americans.
New York does not have capital punishment and hasn’t executed anyone since 1963, but Saipov’s trial is in federal court, where a death sentence is still an option, though one rarely sought with success. The last time a person was executed for a federal crime in New York was in 1954.
President Joe Biden put a moratorium on federal executions after taking office and his Justice Department has not, until now, initiated any new death penalty proceedings.
Saipov’s lawyers have argued it is unconstitutional for prosecutors to seek his execution when the government has stopped seeking death in so many other cases, including some with defendants who killed more people.
“There is no rhyme, reason, or predictability as to why the government chooses to seek death in some murder cases but not in others,” they wrote in one recent court filing.
They noted that then-President Donald Trump quickly urged a death sentence, tweeting a day after the attack that Saipov “SHOULD GET DEATH PENALTY!” The lawyers said it was Trump’s way of furthering “his anti-immigrant…
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