By: Serach Nissim

The last time a Manhattan court decided to put a defendant to death was 1963.  On Monday, a modern-day jury in the Southern District of New York was tasked to decide whether defendant Sayfullo Saipov should be given the death penalty.

As reported by the NY Times, Saipov, 35, was convicted in January of killing eight people as he intentionally raced a truck down a West Side bike path in the infamous West Side Highway terror Attack of 2017.  After finding the defendant guilty, the trial has now reached the phase where 12 members in a jury will determine the punishment incurred.  U.S. prosecutors say Saipov should be put to death via use of a lethal injection.

The death penalty was deemed unconstitutional as of 2004 in the state of New York.  While that ruling stands, the federal government can still bring capital cases into the city, which is what happened this week in Lower Manhattan.  In order for prosecutors in the case to succeed in inflicting the death penalty, all 12 jurists must unanimously vote to dole out the ultimate punishment for Saipov’s act of terror.  If the jurors do not all agree to execute the defendant, he will be sentenced to life imprisonment without the chance of release.

“It’s a really tough question to say whether it’s morally right to exercise the death penalty or not, especially for your everyday person that lives in New York,” said Nick Buenaventura, 29, who was riding his Citi Bike last week near Watts and West Streets, where the brutal attack had occurred roughly five years ago. “To bear that weight — it’s a heavy decision.”

To be sure, the Southern District represents a mix of citizens from all walks of life with various race, ethnicity, financial status and political viewpoints.  It would be difficult for a jury of 12 to agree unanimously on anything, all the more so ending a life.  As a rule though, all the jurists approved to serve in any capital punishment case, must vouch that they are not unalterably opposed to capital punishment.

During Saipov’s testimony, last month, evidence showed that he drove a rented pickup truck across the George Washington Bridge into Manhattan on Halloween Day 2017, turning onto the bike path at full speed, mowing down cyclists before crashing into a school bus. As per the Times, while it was undisputed that he acted with intent, the defense tried to minimize his connection with the Islamic State terrorist group.  Now, his lawyers will be out to convince just one single juror to hold out in the vote.

While swaying one person doesn’t sound too difficult, some experts their success is not a given. “New York is famous as a place where people can be realistic in a hard-nosed way,” said Michael B. Mukasey, who served as Attorney General under President George W. Bush and before that as a longtime Southern District judge. “I would by no means bet the farm on it being impossible for a jury to return a death penalty verdict in this case.”

The last person to be executed in NY state was Eddie Mays in 1963, who was convicted of first degree murder and robbery, after killing a woman at a bar.