A jury on Monday will begin considering whether an Islamic extremist who killed eight people people on a New York City bike path should get a death sentence, an extraordinarily rare penalty in a state that hasn't had an execution in 60 years.
FILE - This undated file photo provided by the St. Charles County Department of Corrections in St. Charles, Mo., shows Sayfullo Saipov. A jury on Monday, Feb. 13, 2023, will begin considering whether Saipov, an Islamic extremist who killed eight in a New York bike path attack and convicted of federal crimes in January, should get a death sentence, an extraordinarily rare penalty in a state that hasn't had an execution in 60 years.
New York does not have capital punishment and hasn’t executed anyone since 1963, but Saipov’s trial is in federal court, where a death sentence is still an option, though one rarely sought with success. The last time a person was executed for a federal crime in New York was in 1954. “There is no rhyme, reason, or predictability as to why the government chooses to seek death in some murder cases but not in others,” they wrote in one recent court filing.
Even in deadlier attacks, including the 2019 El Paso, Texas, shooting attack that killed 23 Walmart customers, death was not sought, the lawyers noted. Saipov, meanwhile, has been unrepentant since he was shot after emerging from his truck and waving pellet and paintball guns at a police officer. Later, in a hospital bed, the Uzbekistan citizen smiled as he requested that a flag of the Islamic State group that inspired his rampage be put on his room's wall, prosecutors said.
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