There appears to be a hung jury in the Daniel Penny case in New York City, which is unbelievable. The jury notified the judge that they cannot reach a unanimous verdict on manslaughter in the second degree, thus far.
Here’s more from the New York Post:
Jurors at Daniel Penny’s trial in the caught-on-camera subway chokehold death of Jordan Neely said Friday they’re struggling to reach a verdict on the top charge of manslaughter.
The 12-person panel sent a note Friday morning saying it’s having trouble reaching a consensus on whether to convict Penny, 26, of “recklessly” causing Neely’s death by placing him in a six-minute chokehold in May 2023.
Jurors have been deliberating since early Tuesday afternoon.
The jury is weighing whether to convict Penny of second-degree manslaughter for “recklessly” causing Neely’s death by keeping him in the chokehold after nearly all of the frightened passengers had left the train car at the Broadway-Lafayette station.
They could also convict him of the lesser charge of criminally negligent homicide.
If the jury is unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley would be required to give them what’s known as an “Allen” charge, urging them to reach a unanimous verdict.
Penny faces up to 15 years in prison if convicted on the manslaughter charge, or up to four years behind bars if convicted on the less serious count.
This is not that hard. Neely was on drugs and that and his actions on the subway are really the cause of his death. Penny protected passengers from a dangerous man who threatened them and needed to be restrained. Penny is a hero and doesn’t deserve anything but a big fat thank you from New York City.
IN RELATED NEWS
From the Daily Wire:
This week, Daniel Penny’s defense attorneys flagged Judge Maxwell Wiley to what they say are improper and misleading actions by Manhattan District Attorney Alvin Bragg’s office working with the media.
Penny, a 26-year-old Marine veteran, is on trial for the death of Jordan Neely, whom Penny restrained on the NYC subway last year after Neely allegedly threatened passengers.
The defense says Bragg’s office has been aggressively pushing the media to add in their coverage that there’s no mandatory minimum sentence if Penny is convicted on the second-degree manslaughter charge.
“The District Attorney’s efforts to have the jury speculate as to a potential sentence are both improper and misleading,” Penny attorneys Steven Raiser and Thomas Kenniff told Fox News. “While it is technically true that these charges do not carry a mandatory minimum, that is the case with most felonies in New York. It is equally true that the maximum sentence is 15 years in state prison.”
“Moreover, the tenacity with which the District Attorney has sought to obtain a conviction against Mr. Penny strongly suggests that they will advocate for a substantial sentence in the event of a guilty verdict,” the attorneys added.
A defense attorney named Danielle Iredale told Fox that this appears to be a signal to the jury that it’s okay for them to convict Penny since he potentially won’t serve any time behind bars.
“Defense lawyers are barred from mentioning potential sentences at trial — the reasoning being that it would be an attempt to seek sympathy from jurors who then may reach a verdict based on something other than the facts, In other words, ‘He may be guilty, but 10 years is too much time,’” Iredale explained. “Here, there is a hypocrisy to the DA’s messaging. In attempting to publish the fact that there is no statutory mandatory minimum sentence, they are essentially saying, ‘It’s OK to convict, he may not go to the jail!’”