Newsbreak: Manhattan Bike Path Attacker’s Defense Requests Mistrial Over Alleged “Eye for an Eye” Justice

Defense lawyers representing Sayfullo Saipov, who was convicted of killing eight people along a Manhattan bike path in 2017, have asked the judge to declare a mistrial in the case. Saipov’s lawyers allege that the prosecutors are seeking “eye for an eye” justice by using emotional testimony from victims and their families to sway jurors towards imposing the death penalty, according to a report by Fox News on February 20, 2023.

The lawyers have also requested that audio recordings of the court proceedings be preserved for a possible appeal. Saipov was arrested at the scene and confessed to supporting the Islamic State group. The trial had resumed last Tuesday with prosecutors presenting their evidence for the death penalty, as reported by Fox News.

If any juror votes against the death penalty, Saipov will serve a life prison sentence. New York State does not have capital punishment, but Saipov’s trial is in federal court, where the death sentence is still an option. In New York, the last person executed for a federal felony occurred in 1954.

Following a February 20, 2023, report by the Washington Post, the defense lawyers complained that the prosecutors followed witness testimony by playing recorded jail phone calls between Saipov and his children in an attempt to “exact revenge on Mr. Saipov.” They regarded it as an “eye for an eye” justice appeal that urges the jury to overlook any mitigation and is otherwise incompatible with the jury’s role of considering evidence in aggravation.

Judge Vernon S. Broderick, during the penalty phase of the trial, repeatedly encouraged emotional witnesses to take a break and disallowed certain recordings to prevent prejudice. Saipov’s family is expected to attend the defense’s case presentation in a courtroom with victims’ families.