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

[justtrish]

Do does that mean that they cannot retry him for count 1? It's gone forever?

 

[LinasK]

It's sad that this second time issuing an Allen charge does feel like the judge bullying the jury. This jury has taken it's time, reviewed evidence again and asked questions. They have not been quick and careless so to continue to ask them to discuss in an attempt to "sway" others into their way of thinking, just to get this done is bullying.

No, avoiding a mistrial isn't bullying even if the verdict goes opposite of what I want.

 

[shotgun09]

The judge and the DA are manipulating the jury, IMO.
They are not being honest with them, and playing loosely with the laws, as I understand it.
This is not how I thought courts worked in the USA.
I am a bit sickened by what I have been reading.

 

[Sundog]

In Daniel Penny trial, Judge Wiley just said "I am taking a chance and granting the People's motion" to dismiss Count 1, to allow jury to consider Count 2. Penny's lawyers object, would clearly appeal if needed. Inner City Press live tweeting below



Penny's lawyer Kenniff: This would be elbowing the jury, coercing them
Judge Wiley: The DA's proposal would resolve that.
ADA Wu: Your Honor put it correctly. Removal of the top count, with prejudice, takes that concern away.
Judge Wiley: What do I tell the jury?

ADA Yoran: Don't tell them it's an acquittal (on Count 1), only that it's dismissed.
Penny's lawyer Kenniff: This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion

https://twitter.com/x/status/1865135900595802273

ETA: forgot link

From your post above -

Penny's lawyer Kenniff: This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion

Sounds like only the defense attorneys know the law and the legal ethics that form its basis. And sounds like an appeal is pretty much guaranteed now, if it wasn't already.

 

[LinasK]

It does feel like that.
And this decision isn't even backed by preceden

Actually it is. Allen charges aren't a new thing in trials.

 

[Donswife48]

In Daniel Penny trial, Judge Wiley just said "I am taking a chance and granting the People's motion" to dismiss Count 1, to allow jury to consider Count 2. Penny's lawyers object, would clearly appeal if needed. Inner City Press live tweeting below



Penny's lawyer Kenniff: This would be elbowing the jury, coercing them
Judge Wiley: The DA's proposal would resolve that.
ADA Wu: Your Honor put it correctly. Removal of the top count, with prejudice, takes that concern away.
Judge Wiley: What do I tell the jury?

ADA Yoran: Don't tell them it's an acquittal (on Count 1), only that it's dismissed.
Penny's lawyer Kenniff: This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion

https://twitter.com/x/status/1865135900595802273

ETA: forgot link

The judge just said he’s taking a chance issuing a legal order. He can’t just make up his own law just because he doesn’t know what is lawful. This judge needs to be removed from this case.

 

[JoeFromLB]

In my opinion (though not a lawyer) the judge may be opening this case up to being overturned on appeal, if DP is convicted of the lesser charge without an acquittal on the first count.

 

[DS2021]

NY Penal Law § 125.10: Criminally Negligent Homicide

Free Consultation - Our New York criminal lawyers have a combined 100+ years of legal and law enforcement experience. Our team includes former prosecutors from the District Attorney’s offices in New York City and Long Island, as well as law enforcement professionals. Stephen Bilkis & Associates...

www.google.com

Because criminally negligent homicide is a class E felony, if you are convicted you could be sentenced to up to 4 years in state prison and be ordered to pay a substantial fine. Your actual sentenced will be based on a number of factors, including you prior criminal history and whether or not you show remorse

 

[IDK]

In Daniel Penny trial, Judge Wiley just said "I am taking a chance and granting the People's motion" to dismiss Count 1, to allow jury to consider Count 2. Penny's lawyers object, would clearly appeal if needed. Inner City Press live tweeting below



Penny's lawyer Kenniff: This would be elbowing the jury, coercing them
Judge Wiley: The DA's proposal would resolve that.
ADA Wu: Your Honor put it correctly. Removal of the top count, with prejudice, takes that concern away.
Judge Wiley: What do I tell the jury?

ADA Yoran: Don't tell them it's an acquittal (on Count 1), only that it's dismissed.
Penny's lawyer Kenniff: This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion

https://twitter.com/x/status/1865135900595802273

ETA: forgot link

Shakespeare / Hamlet said it best: “Something is rotten in the state of Denmark”.

 

[justtrish]

No, avoiding a mistrial isn't bullying even if the verdict goes opposite of what I want.

IMO, It most definately is if people feel pressured to "give in" because they think the judge is refusing to allow for a mistrial. Sometimes people can not agree and they just see things differently. I would rather a mistrial and a then allow them to retry the case and get new jurors that could reach an agreement without feeling pressured to just go with the majority (whichever way that was). What if it was a 6-6 split. I just think if you've asked them to try again and they still can't agree, then asking a second time is going too far.

One time issuing the charge is okay. It's maybe an encouragement that it's okay to consider other views if you are close to an agreement. But when you come back a second time and you have been a careful jury, then it does feel pressured to just make a decision.

 

[shotgun09]

From ICP:

Penny's lawyer Kenniff: It seems a juror has been talking to the media, expressing frustration with the process. The name given is not a name of a juror.
Judge: Well, I see no reason to question jurors. Investigate if you want.

Judge: See you Monday.

https://twitter.com/x/status/1865137517504208917

 

[Leilei]

The very real fear of getting involved.

Prosecuting Good Samaritans is incredibly stupid, short sighted and frankly UNAMERICAN

Doesn't NY's Good Samaritan law only cover rendering medical aid? That's all I'm finding when I google. It wouldn't apply to this case if I'm reading it right.
IMO.

 

[JoeFromLB]

Duplicate.

 

[IDK]

DBM

 

[IDK]

Duplicate

 

[Linda7NJ]

RIDICULOUS

Daniel Penny top charge dismissed after jury fails to reach verdict

The Marine veteran, 26, faced 15 years in prison for charges of manslaughter and negligent homicide.

t.co

 

[Sundog]

The judge and the DA are manipulating the jury, IMO.
They are not being honest with them, and playing loosely with the laws, as I understand it.
This is not how I thought courts worked in the USA.
I am a bit sickened by what I have been reading.

Agree. And which one is the judge, anyway, Wiley or the Assistant DA?

 

[Donswife48]

From ICP:

Penny's lawyer Kenniff: It seems a juror has been talking to the media, expressing frustration with the process. The name given is not a name of a juror.
Judge: Well, I see no reason to question jurors. Investigate if you want.

Judge: See you Monday.

https://twitter.com/x/status/1865137517504208917

Why is this judge not concerned with the fact that a jurist might be talking to the media before the trial has been concluded? This seriously needs to be questions by the NY authorities. It seems the judge has lost his ability to remember that DP also deserves a fair trial. JMO

 

[mickey2942]

Doesn't NY's Good Samaritan law only cover rendering medical aid? That's all I'm finding when I google. It wouldn't apply to this case if I'm reading it right.
IMO.

The law is always in shades of grey. If someone wants to apply the "Good Samaritan" to this case, they can, subject to interpretation.

Laws evolve, and constantly change, subject to application and interpretation. They are written, with good intentions by legislative branch, and interpretation by judicial branch. Administration by executive branch. Always a balance.

 

[GRT]

Actually it is. Allen charges aren't a new thing in trials.

I meant dismissing Count 1 after the case has gone to the Jury.