Closing arguments held in penalty phase for Sayfullo Saipov
NEW YORK - Jurors will soon begin deliberating whether the man who killed eight people on the West Side bike path should pay for the attack with his life.
Tuesday, jurors heard closing arguments in the penalty phase for Sayfullo Saipov.
The prosecution told the jury they will make "the choice of what punishment fits the crime" while going through Saipov's "choices that brought us here." Prosecutors say he "chose to violently smash and crush his victims, chose to ruin so many lives, lives he still does not value," and he "celebrates and stands by these choices without remorse."
The prosecution called Saipov a "proud terrorist," noting he told the FBI he got an idea for an attack a full year before committing it and arguing he could have made a different choice.
He "stole eight lives," the prosecution said.
Prosecutors showed photos of victims' bodies after the attack, and recounted testimony from their families and survivors: A mother was forced to watch her daughter die; two young daughters were left to kiss their father's urn with his ashes at night; a young boy did not speak for almost a year after his father was killed, and the gratitude journals victim Nicholas Cleves used to write before his murder would begin with the phrase "I am grateful to be alive."
Prosecutors told the jury Saipov remains a danger after threats made behind bars at guards, and he cracked a window in his cell after punching it. They say he is committed to the long game of serving ISIS.
"Depraved contempt for human life lives in him," the prosecution said.
During the defense's closing argument, they told the jury "it is not necessary to kill Sayfullo Saipov" and "meeting death with more death is not the answer."
The defense said Saipov did cause extraordinary harm but showed images of the supermax prison he will be sent to. They argued he will be isolated and surrounded by concrete and steel, and if sentenced to life without release, he will die in prison "in obscurity. Not as a martyr – not as a hero to anyone."
The defense chalked up his threats to guards as "temper tantrums," adding, "it's not hurting anyone but himself." They explained he got a phone call taken away.
The defense showed photos of Saipov with his family in Uzbekistan and a smiling photo of him on 42nd street in New York City, in an effort to explain that before he consumed ISIS propaganda, he was a family man with no prior record. They say they believe this should be taken into account when determining life or death and that "nothing we do can undo what Mr. Saipov did."
The prosecution argued back that the 35-year-old deserves the highest punishment reserved for those who commit the most heinous crimes.
The jury will likely get the case on Wednesday and begin deliberations. It took them about six hours to convict him of his crimes during the liability phase of the trial.