Jury deliberating in deadly New York City truck terror attack

Jury deliberations resume Thursday in the trial of Sayfullo Saipov, the Uzbek native who took inspiration from the Islamic State group and drove a truck down the West Side Highway bike path, killing eight on Halloween 2017.

The jury deliberated for an hour or so Wednesday and appeared befuddled.

The defense, which did not call any witnesses, conceded during opening statements that Saipov carried out the attack but challenged the government's allegation he did it to become a full-fledged member of ISIS. The defense said Saipov did not want to join the terror group, he wanted to die a martyr.

Prior to adjourning for the day, the jury sent the judge a note with three questions:

–Is the defense contending Saipov committed the truck attack but was charged with the wrong crime?

–If Saipov went to Syria, trained with ISIS and came back with an ISIS card, would he have been charged with the same crime?

–Let's say we find Saipov not guilty of the truck attack because he wanted to join ISIS. Would he be re-tried for a different crime?

Judge Vernon Broderick expressed concern the questions sounded like conversations and not based on evidence.

When court reconvened Thursday morning, Broderick, in response to their questions, reminded jurors the defense theory of the case is that Saipov did not carry out the attack for the purpose of joining ISIS.

The judge also told jurors it was not their concern whether the charges could apply to a different set of facts or whether Saipov was properly charged.

"Whether different charges could apply to these facts is not your concern," Broderick said.

He also told them not to worry about what happens to Saipov if he is found not guilty.

The jury had two additional notes: One asked for a transcript of testimony from an FBI agent; the second asked whether investigators ever explicitly asked Saipov, when they interviewed him in his hospital bed after he asked for an ISIS flag to be hung in the room, whether he committed the attack so he could join the Islamic State.