Defense argues for life in prison in penalty phase trial of Sayfullo Saipov

NEW YORK -- The prosecution rested its case Wednesday in the penalty phase trial of Sayfullo Saipov.

They're arguing that the 35-year-old should receive a death sentence for his 2017 Halloween terror attack on the West Side of Manhattan.

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The defense, meanwhile, began its case to argue for life in prison.

Defense attorneys showed the court photos of the maximum security prison in Florence, Colorado, where Saipov would spend the rest of his days if he is spared the death penalty.

A federal Bureau of Prison employee who works there testified that there are about eight levels of security before you get to the H Unit where prisoners have special administrative measures limiting their communication, even the number of times they flush the toilet in their cell an hour.

He testified inmates in that unit are in their cell on average 22-23 hours a day but do get one hour of recreation that can be outdoors with a soccer ball, and they can use the law library.

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Saipov's attorneys are trying to show how secure the facility is after prosecutors argued for a sentence of death, saying he remains a danger even behind bars.

On cross-examination, prosecutors noted prisoners in that unit can get increased privileges for good behavior and even qualify for a step-down program, eventually working into a prison general population.

The BOP employee also testified that razor blades were found attached to toothbrushes in the cells of inmates convicted of terror charges at that prison.

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Saipov was convicted in January of murdering eight people and injuring about a dozen others in support of ISIS after he drove a rented truck onto the West Side bike path and picked off bicyclists.

The same jury will now decide his punishment.

More than a handful of Saipov's family members were in the courtroom Wednesday. They're set to testify next, hoping to convince just one juror that he should get life in prison, not the death penalty.

The jury must be unanimous in deciding on the death penalty; if not, he gets life in prison.