Federal prosecutors seeking rare death penalty for New York City terror attack suspect
Federal prosecutors seeking rare death penalty for New York City terror attack suspect
By JULIA JACOBO and AARON KATERSKY, abcNEWS, Sep 28, 2018
Sayfullo Saipov, the suspect in the New York City truck attack is seen in St. Charles County Department of Corrections, Missouri, U.S., photo released on November 1, 2017. (St. Charles County Department of Corrections/Handout via Reuters)
Federal prosecutors in New York are seeking the death penalty for Sayfullo Saipov, the suspect in the New York City terror attack that killed eight people -- a rare punishment that hasn't been carried out in the state for a federal crime since 1953.
Saipov, 30, allegedly used a Home Depot rental truck to carry out an attack on a bike path along the West Side Highway in Lower Manhattan, mowing down pedestrians and cyclist in his path on Oct. 31.
A police officer walks past the wreckage of a Home Depot pickup truck, a day after it was used in an terror attack, in New York City, Nov. 1, 2017. (Jewel Samad/AFP/Getty Images)
In order to justify a death sentence, prosecutors will have to prove that Saipov "intentionally" killed the eight victims and "intentionally" inflicted serious bodily injury, according to the notice of intent to seek the death penalty, filed in the Southern District of New York.
Both of those counts carry a possibly death sentence, according to the court document.
The attack required "substantial planning and premeditation," prosecutors said, describing the manner in which Saipov carried it out as "heinous, cruel and depraved."
"Sayfullo Habibullaevic Saipov caused injury, harm, and loss to the families and friends of Diego Enrique Angelini, Nicholas Cleves, Ann-Laure Decadt, Darren Drake, Ariel Erlij, Hernan Ferruchi, Hernan Diego Mendoza, and Alejandro Damian Pagnucco," the notice of intent states. Five of the victims were tourists from Argentina.
A cyclist rides past flowers left on a bike path to pay tribute to the October 31 terror attack victims, in New York, on November 2, 2017. (Jewel Samad/AFP/Getty Images)
It has been a decade since the Southern District of New York last prosecuted a death penalty case. The defendant, Khalid Barnes, was convicted of murdering two drug suppliers but was ultimately sentenced to life in prison in September 2009.
The last time the death penalty was carried out in a New York federal case was in 1953 for Julius and Ethel Rosenberg, a married couple executed after they were convicted of conspiracy to commit espionage for the Soviet Union during the Cold War two years before.
Julius Rosenberg and Ethel Rosenberg, American communists, were executed after having been found guilty of conspiracy to commit espionage. (Photo 12/UIG via Getty Images)
Both Rosenbergs were both put to death by the electric chair on June 19, 1953.
Saipov, a native of Uzbekistan, demonstrated a lack of remorse in the days and months following the attack, according to court documents. He stated to investigators that he felt good about what he had done, police said.
Saipov told authorities he was inspired to carry out the attack after watching ISIS videos on his phone, according to the indictment. He also requested to display the ISIS flag in his hospital room, police said.
He has pleaded not guilty to the 22-count indictment. David Patton, one of the federal public defenders representing Saipov, said they are "obviously disappointed" with the prosecution's decision.
"We think the decision to seek the death penalty rather than accepting a guilty plea to life in prison with no possibility of release will only prolong the trauma of these events for everyone involved," Patton said.
Saipov's defense team had previously asked prosecutors not to seek the death penalty.
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In most situations, maybe because I'm a Canadian where the death penalty no longer is permitted, I do not believe in using the death penalty. However, note that I said "most situations", and this is one of the exceptions. I think they should drag out the electric chair they used for the Rosenbergs, and have the guy who prepared the big guy in The Green Mile prepare him for electrocution so he would explode like a volcano. If he is just imprisoned, they need to put him in solitary confinement for the rest of his life, because monsters like this guy are known to radicalize other prisoners. He was ready to plead guilty if the death penalty wasn't on the table, and he is not the least bit remorseful for what he did as you see in the quotation. He deserves to be treated like the animal he is. He deserves the fate he provided for so many innocent people. The only caveat I have is that he probably WANTS to be executed so he will be considered a martyr and earn his 72 virgins up there with Allah, for reducing the number of "infidels" in the world.
If they are not fixable what is use to keep them around?