NOT GUILTY Daniel Penny on Trial for manslaughter and negligent homicide of Jordan Neely #4

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  • #321
From ICP just now:

Update of 3:11 pm - First the ADAs, then Penny and his lawyer, have come into the courtroom. Drum roll...

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Come to order!
Judge Maxwell Wiley, takes the bench.
Judge: Everyone has seen the note?
Both sides say yes.
 
  • #322
  • #323
I bet it's a hung jury.
 
  • #324
Im linking this post from him on bluesky. There should be a tweet too

1000029938.jpg
 
  • #325
  • #326
  • #327
I am glad to see Mayor Adams come right out and vocalize the situation.

"We’re now on the subway where we’re hearing someone talking about hurting people, killing people," Adams said on the Nov. 30 episode of "The Rob Astorino Show." "You have someone [Penny] on that subway who was responding, doing what we should have done as a city."

"Those passengers were afraid," the mayor added."

He's right, what DP did was what the City should have done.
 
  • #328
From ICP:

Judge: The jury sent a note that they want the cross examination of Dr. Harris until she said, "I don't need all the facts.'" But we'll tell them, we can't find that, please be more specific.

Jury entering!Judge: We can't find the phrase by Dr. Harris, "I don't need all the facts." If you can reformulate the question, if you are still interested in it. Return to your deliberations. Thank you very much

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  • #329
  • #330
From ICP:

Judge: The jury sent a note that they want the cross examination of Dr. Harris until she said, "I don't need all the facts.'" But we'll tell them, we can't find that, please be more specific.

Jury entering!Judge: We can't find the phrase by Dr. Harris, "I don't need all the facts." If you can reformulate the question, if you are still interested in it. Return to your deliberations. Thank you very much

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I haven't see it mentioned but I have to wonder if this is about her calling the COD after just watching the video - and not waiting until tox was in? We all discussed this here so it makes sense the jury would also have questions about that.

jmo
 
  • #331
I haven't see it mentioned but I have to wonder if this is about her calling the COD after just watching the video - and not waiting until tox was in? We all discussed this here so it makes sense the jury would also have questions about that.

jmo
That's what came to my mind, too. It almost has to be because that's a super odd thing for an ME to say. MOO
 
  • #332
The simple act of protesting when the jury can hear, can definitely sway them. These protesters have bull horns, shouting into them, it's gone from peaceful protesting to aggressive. How many times have we seen cities take extra precautions when the verdict is to be announced. Stores had windows boarded, extra police brought in in the George Floyd trial. Of course, the jury is going to take that into consideration. They have the extra burden of not only coming to a correct verdict, but also one that won't cause problems in the city after they render it. JMO

The problems in the city as a result of this case are not the jury’s burden much less extra burden.

The jury are charged with lining up the law with the offence taking into consideration the court presented exhibits and testimony. Their verdict will be based on evidence and law as it applies to the DP and JN interaction only, imo.

It would cause DP to suffer harm in verdict and sentencing since it would involve consideration of the entire community without basis for deliberation because it wasn't argued in court and is contrary to the Judges instructions.

I doubt the jurys given the protesters a bit of thought at this point as this is a very intensive case they are serving on and it is a NYC jury.


all imo
 
  • #333
That's what came to my mind, too. It almost has to be because that's a super odd thing for an ME to say. MOO

Super odd is one way of putting it. Her statement surely "suggests" she didn't need anything much beyond a video to determine COD.

jmo
 
  • #334
That's what came to my mind, too. It almost has to be because that's a super odd thing for an ME to say. MOO

And, it appears as though ADA Yoran was none to happy about it either... ( The jury's request and the word Facts )
 
  • #335
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  • #336
  • #337
ADA Dafna Yoran: They want to stop after she confirmed what she told the grand jury
Judge Wiley: I'm going rule against the defense objection. The read back is going to take some time. I'm going to give them the option
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  • #338
Judge: They've asked about the 2d death certificate, that she would not have changed even if fentanyl, and that she didn't know if she observed sufficient pressure. I'm going to tell them they could leave for the day. Bring them in
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  • #339
Jury entering!Judge: You asked for "Where she admits she told the grand jury she was not sure she observed sufficient pressure." We can start now, and stop - people are nodding. So let's start
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  • #340
The court reporter is taking to the witness stand to read back Dr. Harris' testimony
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