Defense rests in death penalty phase of Sayfullo Saipov trial
NEW YORK - The defense rested Wednesday in the penalty phase trial of Sayfullo Saipov.
He was convicted back in January of murdering eight and injuring a dozen on the West Side bike path in 2017 in support of ISIS.
The same jury will decide whether he gets the death penalty or life in prison.
More of Saipov's family took the stand Wednesday.
His mother and sister said nothing outside the courthouse after testifying they still loved him.
READ MORE: Jury finds Sayfullo Saipov guilty on all counts in 2017 West Side bike path attack
A photo of Saipov dressed as Santa Claus alongside his family in Uzbekistan was shown in court. His youngest sister explained that growing up, he would that every year, giving out presents to the family, noting they did not know much about Islam in the oppressed country back then, despite being Muslim.
The 22-year-old cried throughout her testimony, and looked right at her older brother.
While their father was in the U.S. working, she said Sayfullo was like a father to her, noting their 12 year age gap.
His mother took the stand and says when her husband returned to Uzbekistan, he told Sayfullo "all kinds of warm, good stories" about the U.S.
Sayfullo eventually worked as a long haul truck driver in the United States and both women said he would call the family and talk for hours.
READ MORE: Sayfullo Saipov's grandfather gives emotional testimony as defense argues against death penalty
His sister, then a fashion and design student, says he sent both her and her teacher a sewing machine.
His mother told the court after learning of the attack her son committed "I don't remember much after that because I apparently fainted" and spent a week in the hospital.
When she tried to get a visa to come visit him after, she was told "you will see America only in your dreams now."
She too cried at times.
"He is a very kind boy, and I didn't believe he would do something like this," she said.
A few months prior to the attack, she visited him in the U.S. after the birth of his third child, noting "he looked tired. His eyes looked tired. He had a long beard."
She wanted him to return to Uzbekistan with his family, and says she wished she had insisted.
The defense is arguing for life in prison.
They asked her what kind of meaning his life would still have to her, she said "I will know he's alive and breathing" and can "tell his children he's alive." She said she believed "after many years, he will come out as old Sayfullo."
As she testified, the mothers of three of the eight victims listened from the gallery. Two of them lost their only child.
A jury will decide if he'll get to live and speak to his family again, or receive a sentence of death.
Saipov was asked twice by the judge if he planned to testify. He said both times "not now."
The prosecution will not present a brief rebuttal case after all.
The jury will be back Tuesday for closing arguments.
