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

[JoeFromLB]

This screams mistrial. JMO

 

[Simply Southern]

'Desperate' Daniel Penny prosecutors' latest attempt to sway jury

Under a barrage of public criticism for bringing charges, the prosecutors in Alvin Bragg's office have been on a mission to remind the jury that Penny may not get any prison time at all.

www.dailymail.co.uk

…
Under a barrage of public criticism for bringing charges, the prosecutors in Alvin Bragg's office have been on a mission to remind the jury that Penny may not get any prison time at all, even if he is found guilty.

That's down to the fact there is no minimum sentence for two of the charges he is facing.

The DA's office has been contacting news outlets, including Daily Mail, requesting for that fact to be pushed to the forefront of coverage.

Penny's lawyers say it's the latest desperate attempt to get the jury to convict him, on the notion that they will be more inclined to do so if they know he won't rot in prison for years.

 

[DS2021]

Update of 3 pm - ADA Dafna Yoran has come into the courtroomCourt Officer: The judge is coming down.[ He does. Now Daniel Penny and his lawyers come in]Judge: We got the note, We the jury would like to inform, we cannot come to a unanimous verdict on Count 1

ADA Yoran: We are considering withdrawing Count 1.Judge Wiley: I'm not sure that's consistent with NYS law. What do I tell the jury? That we deem Count 1 an acquittal? Could they properly do Count 2?ADA Yoran: They can do what they want

Judge Wiley: I think either I declare a mistrial, or give them a second Allen charge, maybe tell them to come back Monday. But I don't know what I would say.ADA Yoran: There's no point to that if we don't resolve this first.

From ICP

https://twitter.com/x/status/1865126697693057370

https://twitter.com/x/status/1865127061662187808

Judge: Go think about it. Let's break

 

[MassGuy]

'Desperate' Daniel Penny prosecutors' latest attempt to sway jury

Under a barrage of public criticism for bringing charges, the prosecutors in Alvin Bragg's office have been on a mission to remind the jury that Penny may not get any prison time at all.

www.dailymail.co.uk

…
Under a barrage of public criticism for bringing charges, the prosecutors in Alvin Bragg's office have been on a mission to remind the jury that Penny may not get any prison time at all, even if he is found guilty.

That's down to the fact there is no minimum sentence for two of the charges he is facing.

The DA's office has been contacting news outlets, including Daily Mail, requesting for that fact to be pushed to the forefront of coverage.

Penny's lawyers say it's the latest desperate attempt to get the jury to convict him, on the notion that they will be more inclined to do so if they know he won't rot in prison for years.

That’s just so unbelievably shady.

 

[IceIce9]

I am teaching CPR/AED/First Aid classes today to non-medical employees, otherwise known as Community CPR.

The very first question as soon as I started the first class was, "How do we know that we won't get arrested like that guy in the subway?'

JMO

 

[browneyes]

Update of 3 pm - ADA Dafna Yoran has come into the courtroomCourt Officer: The judge is coming down.[ He does. Now Daniel Penny and his lawyers come in]Judge: We got the note, We the jury would like to inform, we cannot come to a unanimous verdict on Count 1

ADA Yoran: We are considering withdrawing Count 1.Judge Wiley: I'm not sure that's consistent with NYS law. What do I tell the jury? That we deem Count 1 an acquittal? Could they properly do Count 2?ADA Yoran: They can do what they want

Judge Wiley: I think either I declare a mistrial, or give them a second Allen charge, maybe tell them to come back Monday. But I don't know what I would say.ADA Yoran: There's no point to that if we don't resolve this first.

From ICP

https://twitter.com/x/status/1865126697693057370

This is quite the legal conundrum.

 

[Simply Southern]

That’s just so unbelievably shady.

Would this be illegal?

 

[MassGuy]

Would this be illegal?

I doubt they would so something illegal, but it certainly sounds unethical/immoral.

 

[fred&edna]

These reasonable people declare a hung jury.
MISTRIAL!!!!
It's ridiculous.

 

[MassGuy]

I just don’t see how any jury ever agrees on a verdict here. Just look how divided everyone is in this thread.

 

[Sundog]

Update of 3 pm - ADA Dafna Yoran has come into the courtroomCourt Officer: The judge is coming down.[ He does. Now Daniel Penny and his lawyers come in]Judge: We got the note, We the jury would like to inform, we cannot come to a unanimous verdict on Count 1

ADA Yoran: We are considering withdrawing Count 1.Judge Wiley: I'm not sure that's consistent with NYS law. What do I tell the jury? That we deem Count 1 an acquittal? Could they properly do Count 2?ADA Yoran: They can do what they want

Judge Wiley: I think either I declare a mistrial, or give them a second Allen charge, maybe tell them to come back Monday. But I don't know what I would say.ADA Yoran: There's no point to that if we don't resolve this first.

ETA: Judge: Go think about it. Let's break
From ICP

https://twitter.com/x/status/1865126697693057370

Where is the defense in terms of weighing in/responding to the judge's thoughts on the next course of action? It looks like the judge is only conferring with the prosecution, very strange. The defense attorneys also know the law and should also be advising the judge on next steps based on the law.

The jury should not be held responsible for the consequences of a mistrial, that shouldn't be their problem, that is the problem of the state. A second Allen charge to the jury is now appearing to be incredibly coercive, IMO. It is clearly a hung jury. Case dismissed. Let the D.A. decide if he wants to retry the case, it's not up to the jury, they're doing their job.

 

[shotgun09]

Can the judge just 'assume' an acquittal, as was suggested per quotes from above? That would make it easier on the state, to then go for Count 2. But, highly un-ethical to assume ( over-ride? ) the jury's decision. This case is bonkers!!!
IMO

 

[Marysmith]

I am teaching CPR/AED/First Aid classes today to non-medical employees, otherwise known as Community CPR.

The very first question as soon as I started the first class was, "How do we know that we won't get arrested like that guy in the subway?'

JMO

Respectfully though was Daniel Penny administering first aid to Jordan Neely at any time? I didn't think he ever did.

 

[Simply Southern]

I am teaching CPR/AED/First Aid classes today to non-medical employees, otherwise known as Community CPR.

The very first question as soon as I started the first class was, "How do we know that we won't get arrested like that guy in the subway?'

JMO

I’m an instructor, as well. This most always comes up. Thank goodness VA has a Good Samaritan Law. It does NOT cover medical professional in a Volunteering capacity .

Years ago, a friend and RN and I were traveling back from a meeting. We are some of the first to come up on the scene of a vehicle accident. I got out and went running to assist, she refused to get out of the car. She said she could lose her nursing license and be sued.

Sad, when something happens and some feel they can’t help those in need for fear of prosecution or financial liability.

Moo

 

[Jade]

I am teaching CPR/AED/First Aid classes today to non-medical employees, otherwise known as Community CPR.

The very first question as soon as I started the first class was, "How do we know that we won't get arrested like that guy in the subway?'

JMO

When did Penny provide CPR or first aid?

How would the Penny case be relevant?


All imo

 

[I am not Sherlock H.]

Update of 3 pm - ADA Dafna Yoran has come into the courtroomCourt Officer: The judge is coming down.[ He does. Now Daniel Penny and his lawyers come in]Judge: We got the note, We the jury would like to inform, we cannot come to a unanimous verdict on Count 1

ADA Yoran: We are considering withdrawing Count 1.Judge Wiley: I'm not sure that's consistent with NYS law. What do I tell the jury? That we deem Count 1 an acquittal? Could they properly do Count 2?ADA Yoran: They can do what they want

Judge Wiley: I think either I declare a mistrial, or give them a second Allen charge, maybe tell them to come back Monday. But I don't know what I would say.ADA Yoran: There's no point to that if we don't resolve this first.

ETA: Judge: Go think about it. Let's break
From ICP

https://twitter.com/x/status/1865126697693057370

IANAL…. and have no knowledge of NY law, but IIUC an Allen charge in some locales can only be issued once?

And sure hope, for those that followed the Karen Read trial in MA, that if a mistrial is declared in this case…. the defense asks to poll the jury if the prosecution does not. MOO

 

[GRT]

This is my hope. Vigilantism is never okay.

I don't think many are using that phrase--I've only heard it from certain groups, but it hasn't caught on in a big way. MOO

As I understand it, a vigilante is someone who goes out in search of people he/she thinks are doing the wrong thing--tracks them down and then assaults them.

DP was simply acting in the moment to stop someone who was threatening innocent bystanders. DP's only intent was to subdue JN and protect those who were unable to protect themselves.

MOO

When did we, as a society, get so jaded that we now call good bad and bad good?

All MOO

 

[fred&edna]

So if the Grand Jury sent this case to trial (i.e. a jury of peers) how could it be "Allan Bragg's fault"? Doesn't this imply that this case was worthy of going to trial?

And the fact that there are people on the jury on 'both sides' shows that it was worthy of going to trial. It wasn't a slam dunk that he was innocent. This was worthy of going to trial no matter the ultimate outcome. JMO.

Alvin Bragg and the DHS couldn't keep up with 50 people. Yes, the NYC population is enormous but only 50 people (who likely had a criminal history worse than Jordan Neely's attempted child kidnapping, assaults, etc)! There was a warrant for Neely's arrest when this happened. Bragg/DHS "watch list" didn't protect Neely nor anyone he assaulted (verbally, physically or both)... and appears to be a waste of taxpayer dollars. And, beyond that... how much authority are DHS workers given??

This is why I blame AB and the like. Grand juries really (generally) only hear one side.


jmo

 

[IceIce9]

I’m an instructor, as well. This most always comes up. Thank goodness VA has a Good Samaritan Law. It does NOT cover medical professional in a Volunteering capacity .

Years ago, a friend and RN and I were traveling back from a meeting. We are some of the first to come up on the scene of a vehicle accident. I got out and went running to assist, she refused to get out of the car. She said she could lose her nursing license and be sued.

Sad, when something happens and some feel they can’t help those in need for fear of prosecution or financial liability.

Moo

As medical professionals were are held to a higher standard. I know nurses who have always said they would refuse to help someone outside of their workplace.

I'll always help in any situation, I've just asked my friends to visit me in jail if it comes to that.

 

[jepop]

Respectfully though was Daniel Penny administering first aid to Jordan Neely at any time? I didn't think he ever did.

No he wasn't. Future of Good Samaritan laws completely irrelevant. Has been pointed out numerous times on the threads.