UPDATE on the Penny case: judge dismisses first count; jury will deliberate second count on Monday
[NOTE: Also please see today’s previous post on the Penny trial.]
Just a little while ago the judge in the Daniel Penny case dismissed the first count – manslaughter in the second degree – after the jury once again announced it was deadlocked. He instructed them to resume deliberations on Monday on the second count, negligent homicide, which carries a top penalty of four years in prison.
One of the comments at that article goes like this: “Acquitted should be the only verdict! Bringing these charges is a crime. How sad. Keeping praying for Penny’s freedom.” There are plenty others in the same vein.
But the fact that the jury was deadlocked on the greater charge indicates there is at least one person – and perhaps as many as eleven – who believed Penny guilty of manslaughter in the second degree. That – and the idea that they need to come to some sort of verdict – are the sort of things that often cause “not guilty” holdouts to cave on the lesser charge as a sort of compromise. That concerns me in this case.
I also think the hung jury on the first charge indicates that the best that can be hoped for on the second charge is another deadlocked jury.
In addition, even if Penny isn’t found guilty of either charge, he faces a civil lawsuit by Neely’s father for negligent assault and battery causing Neely’s death. The entire episode has a chilling effect on anyone who might try to protect innocent people on a subway – or anywhere, really, in NYC – from threats of assault from aggressive people such as Neely.
ADDENDUM:
I'm sorry, but I am finding it hard to believe this is proper. The jury has twice now said they are deadlocked. That's a hung jury on that count.
The judge is effectively dismissing it (but can he?) so they can consider C2.
I can't find a single case supporting this approach. https://t.co/gIAyslAkvf— LB (@beyondreasdoubt) December 6, 2024
Where I practice as a prosecutor, we can amend the indictment or move to dismiss counts up until the case is given to the jury. The requirement of unanimous verdict should apply to all counts given to the jury. I have never heard of what they are attempting to do here.
— doggone (@trnrbrnt) December 6, 2024
The jury must be deadlocked 4-8 to 8-4 on the lesser charge and maybe on the higher charge, too. This is New York City, so it is unlikely to be the case that a single or pair of holdouts are holding out for a conviction. Penny is in a greater than 50% of chance of getting convicted, in my opinion. I can definitely see a compromise verdict coming down the pike.
Yancey Ward:
That’s my reasoning and that’s my fear.
“The entire episode has a chilling effect on anyone who might try to protect innocent people on a subway – or anywhere, really, in NYC – from threats of assault from aggressive people such as Neely.”
Those sheep who vote to imprison the sheepdogs, make themselves accomplices of the wolves and declare themselves to be enemies of civilization.
Allowing the mob of protesters in front of the courthouse does not make the job of impartial judgement any easier. The cops need to break up the mob and send them home.
The medical examiner is complicit in the overcharging. The same thing happened in the George Floyd case. Both Neely and Floyd were juiced up to the gills with narcotics. Floyd’s claim that he could not breathe is a symptom of fentanyl overdose.
BTW Neo, typo in first sentence of last paragraph. Should read.
“In addition, even if Penny is not found guilty ..”
Bob Wilson:
Thanks, fixed.
What effect,if any, do you think the current conversation about Biden pardoning everyone will have on the Penny jury? Are they able to hear what is going on over the Biden pardons issue?
Do any of the jurors ride the subway home?
Please note that Gov. Dippyhack could have quashed this prosecution but did not. She’s among those who own this travesty.
Does anyone know if the manslaughter charge was dismissed with prejudice? If the jury perchance deadlocks on Charge 2, could the prosecutors re-file both charges?
Once the jury has begun deliberating, I think any dismissal must be with prejudice, because jeopardy has attached. Am I wrong, readers with better knowledge of criminal law?
My husband and I have extensive experience in state and federal criminal prosecution. We have no clue how the action of the judge in dismissing (?) the most serious charge could be proper criminal procedure.
The case went to the jury. They received their instructions as to each count and with the withdrawal of one charge, the entire structure of the jury charge is affected.
The defense objected. Jury deliberations are supposed to be sacrosanct—you don’t listen in so to speak and then start switching around the case to match what they are discussing!
And it definitely does not bode well for Penny’s chances of acquittal.
Here is a YouTube clip: Defense lawyer says veteran ‘acted to save’ people by using chokehold on erratic subway rider
But, read the comments. This one is the mindset of your typical NY liberal:
“was anyone actually in danger though? thats the question”
It is this kind of mindset that leads to this kind of injustice where good guys are punished.
RigelDog, if Penny is not fully acquitted, does your comment about “switching around” offer grounds for the Defense to appeal?
“…no clue…”
It’s a Bragg / Soros prosecution.
(If in this case it’s another like-minded—AKA “psycho”—NY prosecutor that luridly reflects the Soros culture of bringing about societal destruction via prejudicial INJUSTICE.)
Daniel Penny MUST be found guilty.
Therefore he likely will…but let’s hope I’m wrong about this
Cf. Judge Merchan’s legal contortions and distortions in that perverse courtroom farce otherwise known as “Biden” vs. Citizen Trump.
From the only honest media still reporting things as they are:
https://babylonbee.com/news/with-daniel-penny-arrested-nyc-forced-to-deploy-national-guard-to-protect-subway
https://babylonbee.com/news/daniel-penny-jury-deliberations-delayed-due-to-three-jurors-being-severely-beaten-on-subway-ride-to-courthouse
https://babylonbee.com/news/democrats-warn-daniel-penny-acquittal-could-lead-to-rampant-acts-of-heroism
https://babylonbee.com/news/judge-tells-jury-to-go-back-and-deliberate-again-until-they-come-back-with-the-correct-verdict
R2L, this is such a queer situation. IMO there are grounds for appeal. The judge made it much more likely they will convict by eliminating the first charge. If I am understanding the situation correctly, the jury wasn’t supposed to consider lesser charges unless and until they agreed on a verdict of not guilty for the first charge.
Related:
“Congressman Eli Crane says Daniel Penny should receive the Congressional Gold Medal”—
https://justthenews.com/government/congress/congressman-eli-crane-says-daniel-penny-should-receive-congressional-gold-medal