Lawyers for a man convicted of killing eight people along a Manhattan bike path five years ago say prosecutors are unfairly using emotional testimony from victims' families to try to win a death penalty ruling from a jury.
Testimony did not occur Friday, when defense lawyers made their mistrial request, describing emotional testimony a day earlier as "the most forceful and evocative so far."
In their filing, defense lawyers cited some of Thursday's testimony, including by Belgian witness Alexander Naessens, whose wife, Ann-Laure Decadt, was killed.He said his children "will never have their mother, never have the most important person in their life, never."Defense lawyers wrote that the testimony "transcended a mere description of pain and loss and all but urged jurors to end Mr. Saipov’s life because he had ended Ms.
"Having wept and sobbed through most of her testimony, in visible fits of anger at times, Ms. Wyseur’s presentation was a quintessential appeal to passion and emotion," they wrote.
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