A federal judge ruled Friday that prosecutors in a New York City terror case can seek the death penalty for the suspect, calling the defense’s argument that President Trump’s tweets on capital punishment had politicized the case “pure speculation.”
Uzbek immigrant Sayfullo Habibullaevic Saipov, 31, was arrested after he allegedly plowed through a bike path near the World Trade Center in October 2017 with a box truck, leaving eight dead and at least a dozen injured. He reportedly told authorities he was inspired by Islamic State videos that used similar attack tactics.
Saipov was indicted on 28 counts that included eight counts of murder, 18 counts of attempted murder, and other terror-related charges for the Oct. 31 incident. He pleaded not guilty.
Federal prosecutors had filed a motion seeking the death penalty for Saipov shortly after the attack— reported to be the city’s deadliest terror incident since 9/11. They cited his support of the Islamic State and claimed that he had committed his crime in an “especially heinous, cruel and depraved manner,” according to CNN.
But Saipov’s defense attorneys argued that the president’s tweets following the aftermath of the attack had skewed the views of then-Attorney General Jeff Sessions — who had made the call for capital punishment— and ultimately prevented him from being unbiased.
NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!
— Donald J. Trump (@realDonaldTrump) November 2, 2017
“NYC terrorist was happy as he asked to hang ISIS flag in his hospital room. He killed 8 people, badly injured 12. SHOULD GET DEATH PENALTY!” Trump had written on Twitter a day after the attack.
The defense had asked the judge to either rule out the death penalty or appoint an independent prosecutor to the case.
But Southern District of New York Judge Vernon Broderick said the defense did not offer any evidence of bias and denied the motion. Broderick said that federal prosecutors had followed the usual procedures in deliberations required to seek capital punishment. He further rejected the defense’s request for an independent prosecutor.
If Saipov is convicted, a decision on whether or not he will receive capital punishment will come in a second phase of his trial.
