New York jury could hand Sayfullo Saipov state's first death penalty in 60 years

Jury to decide if Sayfullo Saipov gets death penalty

NEW YORK -- The jury that convicted Sayfullo Saipov in the 2017 deadly terror attack on the West Side Highway has reconvened for the penalty phase and could sentence Saipov to death

In January, the jury found Saipov guilty of murder in aid of racketeering for providing material support to ISIS, the Islamic State group.

Nine of 28 counts were capital crimes, qualifying him for the death penalty. 

Monday, the judge instructed the jury that deciding Saipov's fate was a "moral judgement." 

The penalty phase is essentially a second trial. We'll hear more about each of the eight people killed and the impact of their losses. Prosecutors noted one man's child barely spoke a word for an entire year after his father's murder. 

Saipov, 35, was convicted of killing a group of five friends from Argentina, a woman from Belgium, a man from New York City and a man from New Jersey on Oct. 31, 2017. He sped down the West Side Highway bike path in a rented truck, picked off bicyclists and ultimately crashed into a school bus before a police officer shot him. About a dozen more people were injured. 

Saipov did it in the name of becoming a member of ISIS

Prosecutors arguing for the death penalty told the court Saipov "continues to pose a threat" and has screamed at prison guards about "slitting their throats." They asked the jury to "impose a sentence of death ... not because it's easy, but because it's appropriate."

The defense admitted Saipov has "not been a model prisoner," but said the threats were just talk and asked the jury to "choose life," noting Saipov will die in prison no matter what. 

A defense attorney shared photos of Saipov's children and large family in Uzbekistan with CBS2. Some family members are expected to testify.

Survivors and victims' families have already taken the stand. 

The jurors must be unanimous to impose the death penalty. Otherwise, Saipov will spend the rest of his life in prison without parole. If the death sentence is imposed, it would be the first in New York in 60 years. 

President Joe Biden put a moratorium on federal executions, but Attorney General Merrick Garland allowed prosecutors to continue seeking capital punishment in cases inherited from previous administrations. 

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