NEW YORK (CBSNewYork) – Lawyers for the man accused of carrying out the deadly terrorist attack on the West Side Highway’s bike path are calling for the suspect’s confession to be thrown out.

The defense team for 30-year-old suspect Sayfullo Saipov claim the suspected ISIS sympathizer only admitted to the crime because was under the effect of powerful drugs.

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Sayfullo Saipov arrested after deadly terrorist attack on Oct. 31, 2017. (Credit: CBS2)

In court documents filed Friday, lawyers said his they also want a judge to reject cellphone evidence that they claim were seized unconstitutionally.

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The horrific scene unfolded on Halloween last year in Lower Manhattan when Saipov allegedly drove a rented pickup truck into cyclists and runners along the bike path. Eight people were killed and nearly a dozen more were injured.

The rented pickup truck allegedly used by terror suspect Sayfullo Saipov. (Photo by DON EMMERT/AFP/Getty Images)

In September, federal prosecutors confirmed that the U.S. Justice Department will seek the death penalty for 30-year-old.

The terror suspect’s defense attorney attempted to have capital punishment taken off the table after President Donald Trump publicly endorsed Saipov’s possible execution on a tweet.

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The trial is expected to begin Oct. 7, 2019.