ISIS-inspired terrorist seeks wrongful trial over U-Haul attack in New York

Lawyers for the ISIS-inspired terrorist who fatally mowed down eight people in Manhattan in 2017 have demanded a mistrial in his federal death penalty case, citing media reports comparing his attack to this week’s U-Haul rampage in Brooklyn.

Lawyers for Saifullo Saipov argued that “a fair trial is currently not possible” in light of a series of news articles about Monday’s riots that “reflexively mention” their client, according to a mistrial petition filed Tuesday night.

“In fact, yesterday’s incident had nothing to do with either terrorism or Mr. Saipov,” they wrote.

“Instead, the driver of the U-Haul truck turned out to be a 62-year-old man with a long criminal record and a history of mental illness, who told police he saw an ‘invisible object’ approaching his car before hitting his victims. ”

Lawyers said that because of the similarities between the two attacks, there was a risk that jury deliberation would be tainted, violating Saipov’s Eighth Amendment rights.

Prosecutors have yet to file a response to the mistrial, and Judge Vernon Broderick has yet to rule on the motion.

In January, a Manhattan federal court jury found Saipov guilty on 28 counts, nine of which carried a maximum penalty of the death penalty.

The trial entered punishment on Monday, during which federal prosecutors will try to convince the same jurors that Saipov deserves the death penalty for the October 31, 2017, West Side Highway bombing that killed eight people and left several others behind. wounded.

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The defense’s mistrial request was first raised on Monday, shortly before the opening statements when reports first surfaced of a U-Haul attack that left one dead and eight injured.

“We do not think it is appropriate to start the punishment phase at a time when it is simply impossible to avoid this news,” Saipov’s lawyer David Patton told the judge at the time.

Broderick turned down the request, calling it “premature at best”.