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

[shotgun09]

Update of 10:03 am - Now Judge Wiley comes in in black robe.
Court Officer: Come to order!
Counsel, have a seat![ADA Dafna Yoran is standing in the gallery, looks up and says, Oh, okay. Now at prosecution table.Daniel Penny and his lawyers have yet to come in.

Daniel Penny and his lawyers come in.
Judge Wiley: There has been a communication since last time we were in session. On Friday I added an instruction to the jury after saying to consider Count 2. I've thought more. The court concluded it would be lawful

Judge Wiley: Meanwhile the defense said it wants more instructions.
Penny lawyer Daniel Kenniff: We are moving for a mistrial. We are not going along - we add that the court never ascertained if they were hung on justification, though it can be inferred

https://twitter.com/x/status/1866137289744687196

 

[shotgun09]

Judge Wiley: I deny your motion for mistrial. The jurors can continue their deliberations. Whenever they are ready for us, we are ready.Jury entering!Judge Wiley: I wanted to tell you, the court has no role at all in your deliberations. It would be improper

Judge Wiley: So, continue deliberating.
Jury exits.

ETA: additional note

https://twitter.com/x/status/1866139398334828837

 

[Wishbone]

I don't recall that being in testimony, wasn't it said to be false by the mother?
IMO.

tyia....do you have a link for that?

 

[GRT]

I think the odds are pretty good that deliberation on the new charge will turn out exactly as it did on the last one.

Hung.

 

[GRT]

I don't recall that being in testimony, wasn't it said to be false by the mother?
IMO.

I think those were two separate incidents. I think the mother denied that JN threatened her personally, but I think the other came from a different witness.

I could be recalling wrong.

MOO

 

[fred&edna]

Judge Wiley: I deny your motion for mistrial. The jurors can continue their deliberations. Whenever they are ready for us, we are ready.Jury entering!Judge Wiley: I wanted to tell you, the court has no role at all in your deliberations. It would be improper

Judge Wiley: So, continue deliberating.
Jury exits.

ETA: additional note

https://twitter.com/x/status/1866139398334828837

Welcome to the twilight zone of court!

jmo

 

[shotgun09]

Update of 10:27 am - Daniel Penny and his lawyers hve come up back, this time before ADA Dafna Yoran. Judge Wiley not the bench yet.

ADA Yoran comes in. Now, Judge Wiley.Come to order!
Judge Wiley: Does the defense want to go on the record?
Penny's lawyer Kenniff: When we retired to the anteroom there are audible chants. I would like these videos from my cellphone to be made part of the record

https://twitter.com/x/status/1866142940231287007

 

[shotgun09]

Penny's lawyer Kenniff: The chants are "Daniel Penny, subway strangler" and "If we don't get no justice, they don't get no peace," which we take as a threat against the jurors. The press conference outside the court on Friday said the same. Circuslike is not OK

ETA: additional info

ADA Dafna Yoran: I've only heard "Justice for Jordan Neely," not threats. The man with bullpen is gone now. There are numerous threats from the other side during this trial. If you view the press conference, look at the threats about if Mr. Penny is found guilty

https://twitter.com/x/status/1866144137461784936

 

[shotgun09]

Oh this judge !!! ( Unfair shade ? )


Judge Wiley: Well, I saw a pro-Penny bullpen this morning. But it's true the anti-Penny chanting went on longer today than usual, into jury deliberations. Put your video in on a flashdrive. But Ms. Yoran is right, there has been unfair shade thrown on the DA & ADA

https://twitter.com/x/status/1866145122921873862

 

[shotgun09]

Judge Wiley: I deny the motion for mistrial. If they ask, I could try to find a jury room where they couldn't hear it, but I'm not sure I could find one. I could bring them out now and askADA Yoran: It's moot. If it starts again[It does: chanting resumes]

https://twitter.com/x/status/1866145653845377206

 

[Sundog]

Judge Wiley: I deny the motion for mistrial. If they ask, I could try to find a jury room where they couldn't hear it, but I'm not sure I could find one. I could bring them out now and askADA Yoran: It's moot. If it starts again[It does: chanting resumes]

https://twitter.com/x/status/1866145653845377206

Thanks, @shotgun09 for keeping us informed this morning.

 

[fred&edna]

Why won't the judge have LE move the protesters instead of the jurors??

jmo

 

[shotgun09]

Penny's lawyer Kenniff: The ADA has some control over the protesters-
Judge Wiley: Stop that, Mr. Kenniff. I've addressed--ADA Yoran: He bought up the press conference-
Kenniff: It was a press conference by the lawyers representing Mr. Neely - let me finish!

Judge Wiley: Do you want me to bring the jurors in and ask if they want to move rooms?
Penny's lawyer Kenniff: Let me check with Mr. Raiser... [Then] Unfortunately, that would only compound the problem.

Judge: I may call you back in.

https://twitter.com/x/status/1866146854003503391

 

[Sundog]

Why won't the judge have LE move the protesters instead of the jurors??

jmo

Good question. But it's a little late today to think about getting another room for the jury. He's had weeks to think about it and make this decision, and it shouldn't be left to the jury to request another room. That should be a decision made by a pro-active judge.

 

[fred&edna]

It's interesting to look back at the "discussions" with the judge 4 days ago about protesters... including the throwing of incendiary objects at police.

Inner City Press (@innercitypressinsta) on Threads

ADA Yoran: It's only one protester they're referring to - they may be mixing up people. May we also approach? [That is, whispering so it can't be heard by the press and thus public]

www.threads.net

 

[PrairieWind]

Why won't the judge have LE move the protesters instead of the jurors??

jmo

The Judge is a bit limited in what he can do. He could perhaps request the city police move them, but he doesn't control the city police department. The defense is getting it on the record that the protestors are there and can be heard. If there is a mistrial and retrial, I think the Court would likely need to move the trial or make serious changes.

 

[fred&edna]

The Judge is a bit limited in what he can do. He could perhaps request the city police move them, but he doesn't control the city police department. The defense is getting it on the record that the protestors are there and can be heard. If there is a mistrial and retrial, I think the Court would likely need to move the trial or make serious changes.

'Seems perhaps he might at least make the effort... particularly since this has been going on for awhile.

Being a juror isn't easy, and with "somewhat volatile" protesters it makes their situation worse.

jmo

 

[browneyes]

Welcome to the twilight zone of court!

jmo

I’m just now catching up. Did the judge explain why the jury instructions were changed? And I’ve been wondering for days too why the protestors on both sides weren’t moved farther away. Thanks for the updates!

 

[fred&edna]

I’m just now catching up. Did the judge explain why the jury instructions were changed? And I’ve been wondering for days too why the protestors on both sides weren’t moved farther away. Thanks for the updates!

I didn't see any explanation by the judge to the jury but it's possible I missed something.

jmo

 

[browneyes]

I didn't see any explanation by the judge to the jury but it's possible I missed something.

jmo

Thank you.