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TheSammyMac t1_j60lykg wrote

5 years to be dealt with in the courts? Unacceptable.

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thefugue t1_j60yurq wrote

It’s not as if he was going to be anywhere but prison while it was being handled- he didn’t have free time for anyone to waste.

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TheSammyMac t1_j610l5u wrote

Yeah I get you, it's just not efficient.

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wart_on_satans_dick t1_j61aj91 wrote

Five years is a long time but I will say so many things have to come together to get a fair trial in such a serious case. Covid may have also been a factor, as a lot of components involved in criminal cases required people who were justifiably staying home.

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blahbleh112233 t1_j61gwk3 wrote

In this case it's obvious the guy is guilty. But if there was a legit doubt and he wasn't? It would be insane we imprisoned an innocent person for 5 years cause we couldn't get our shit together.

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wart_on_satans_dick t1_j61jmwa wrote

It would be, but it would be better than life imprisonment or the death penalty depending on the state or federal decision if wrongfully convicted of eight homicides. It's not about getting our shit together. It's about being able to have a clear and accurate record of evidence as well as a fair trial. Like I mentioned, I suspect Covid played a factor in the delay as well. Keep in mind the murders were alleged to aid in racketeering and appeal to ISIS. That requires a good amount of discovery I'd imagine. This is not a normal case.

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Advice2Anyone t1_j62omak wrote

I mean you have a right to a speedy trial but I imagine if you know the outcome staying as long as possible in jail versus prison is probably the game you want to play

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Agariculture t1_j613s78 wrote

The right to a speedy trial is most often waived.

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[deleted] t1_j626yw3 wrote

[deleted]

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Agariculture t1_j62c2ev wrote

The defendant has a right to a speedy trial. This means they can make the entire trial happen on a particular time span which I do not know what it is. I may be wrong in this next one, but if they exercise that right and it doesn’t happen they win the case with prejudice. Meaning they cant be tried again for the same crime.

I had this explained to me a long while back.

The attorney said “we should waive speedy trial. This judge hates when defendants do this and it usually goes poorly for them when they do”. So I waived.

I suspect with how busy the courts, the prosecutors and the defending attorney all are every case gets waived these days.

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Advice2Anyone t1_j62opdz wrote

It's just a check so that the courts can't jail you almost indefinitely while they prepare.

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zer1223 t1_j61ish1 wrote

And forgotten about

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Agariculture t1_j61myv0 wrote

No, the attorneys and the judge dont allow that. Because thats an automatic win on appeal after a conviction if they did that.

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ADarwinAward t1_j613sk2 wrote

Been seeing a lot of this lately I think Covid messed with a lot of court schedules. 5 years is especially long but I saw another case recently that took 4

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Ksh_667 t1_j616eel wrote

Do you know any reason why it took so long? I'm in UK & our courts are notoriously slow but this seems excessive.

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wart_on_satans_dick t1_j61azmf wrote

I would suspect Covid was a factor. People still committed crime during Covid but a lot has to happen in criminal cases that may have been held up by many people, understandably so, staying home.

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Ksh_667 t1_j64lqjs wrote

Yes of course, I'd somehow forgotten covid. Not sure how I managed to do that.

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SpaceTabs t1_j630qss wrote

That's the new thing. An attorney can now make a typical case easily span more than one year. Jury selection is super combative and is probably more lawyer work than an actual trial. I know of a single murder from 15 months ago, the defense attorney just filed a motion that discovery isn't finished yet. That's all you need. For something like this they probably held years of depositions, multiple medical experts, paid for a duplicate full background check, etc.

“The government revealed it had been surveilling Mr. Saipov and two of his associates for years, recording his conversations with them to gather information about his personal contacts, professional experiences, finances, and potential exposure to ISIS propaganda, violent jihadism, and Islamic extremism,” Saipov’s attorney Andrew Dalak argued in the heavily redacted filing.

Dalak wrote the government must disclose details of the surveillance and any materials pertaining to his client’s alleged connection to ISIS, so the legal team can mount a defense.

https://www.kbzk.com/cnn-national/2019/03/18/nyc-terror-suspect-sayfullo-saipov-wants-access-to-government-surveillance-of-him/

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