ISIS-inspired terrorist requests mistrial because of NYC U-Haul attack
Attorneys for the ISIS-inspired terrorist who fatally mowed down eight people in Manhattan in 2017 have requested a mistrial in his federal death penalty case — citing media reports comparing his attack to this week’s U-Haul rampage in Brooklyn.
Sayfullo Saipov’s lawyers argued “obtaining a fair trial at this time is impossible” in light of a series of news articles on Monday’s mayhem that “reflexively referenced” their client, according to a motion for a mistrial filed Tuesday night.
“In reality, yesterday’s incident had nothing to do with terrorism or Mr. Saipov,” they wrote.
“Instead, the driver of the U-Haul truck appears to be a 62-year-old man with a lengthy criminal record and mental health history, who told police he saw an ‘invisible object’ come toward his vehicle before striking his victims.”
The attorneys claimed that because of the similarities between the two attacks, there’s a risk the jury’s deliberations will be tainted, violating Saipov’s Eighth Amendment rights.
Prosecutors have not yet filed a response to the mistrial bid, and Judge Vernon Broderick has not yet ruled on the motion.
A Manhattan federal court jury in January convicted Saipov of 28 counts, nine of which carry a maximum punishment of the death penalty.
The trial entered the penalty phase on Monday, during which federal prosecutors will attempt to convince the same jurors that Saipov deserves to be put to death for the Oct. 31, 2017 terror attack off the West Side Highway that killed eight people and left several others injured.
The defense’s request for a mistrial was first raised Monday just prior to opening statements when news reports about the U-Haul attack – which killed one person and injured eight others – were first being reported.
“We don’t think it is appropriate to begin the penalty phase at a time when it is just impossible to avoid this news,” Saipov attorney David Patton told the judge then..
Broderick denied the request, calling it “premature at best.”
Source: msn
