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

[Dotta]

"Daniel Penny verdict
thrown into chaos by deadlocked jury."

BLM boss sparks outrage with vile slur about Daniel Penny jury

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

www.dailymail.co.uk

 

[GRT]

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

Unbelievably, this has turned into a kangaroo court!

 

[LinasK]

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

Seems logical if they were hung on that count.

 

[DS2021]

Are they gonna really want to appeal this, and risk getting convicted on retrial?

He essentially just beat the manslaughter charge, if found guilty on count 2, he only faces up to 4 years

 

[GRT]

Seems logical if they were hung on that count.

Logical and legal can be very different. There's no precedent for doing this.

"Penny's lawyer had opposed the prosecution motion, saying '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.'
The judge told the jury: 'Manslaughter is dismissed."

Seems like a pretty risky move. One that may not hold up...

BLM boss sparks outrage with vile slur about Daniel Penny jury

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

www.dailymail.co.uk

 

[JennieM]

"Daniel Penny verdict
thrown into chaos by deadlocked jury."

View attachment 549723

BLM boss sparks outrage with vile slur about Daniel Penny jury

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

www.dailymail.co.uk

We are deadlocked here in this thread for months now.

 

[shotgun09]

I know that it's a Friday, and this case has been contentious at best....but Judge Wiley ! You were just informed of possible jury tampering....and you said " Investigate it if you want" and.." See you Monday" ??????

so, like....'meh'....whatevs...

It's so outrageous ! He must know this will all come back to his decision to " take a chance". IMO

 

[JoeFromLB]

This judge seems incompetent.

 

[Leilei]

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.

I don't know, it seems pretty cut and dried as far as rendering medical aid goes. Laws do change and evolve, but there is a process to getting them changed, right?
IMO and IANAL, just pondering.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

 

[Rolypolyoly]

You're not alone in that opinion, but from what I've read and heard, most people think he did the right thing. MOO

And, if Dr. Chundru is correct, DP didn't kill JN.

And if he is wrong, as i believe he is, then he did kill him.

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

Im not sure I agree with issuing a second Allen charge, but for there to be a precedent to follow, someone has to be the one to set it.

 

[justtrish]

I know that it's a Friday, and this case has been contentious at best....but Judge Wiley ! You were just informed of possible jury tampering....and you said " Investigate it if you want" and.." See you Monday" ??????

so, like....'meh'....whatevs...

It's so outrageous ! He must know this will all come back to his decision to " take a chance". IMO

Seriously!??

If a juror was talking to the media, I don't think it's impossible they would give a fake name. The judge says name doesn't match so investigate if you want.

 

[fred&edna]

dbm

 

[browneyes]

So, the judge hasn’t told the jury about dropping count 1 yet? Maybe he needs the weekend to navigate this. It’s a huge decision.

 

[GRT]

And if he is wrong, as i believe he is, then he did kill him.



Im not sure I agree with issuing a second Allen charge, but for there to be a precedent to follow, someone has to be the one to set it.

Even Dr. Harris agreed on cross that JN had a sickling crisis.

Maybe the second Allen charge was warranted, but dismissing a charge after the case goes to the jury could be problematic. It seems odd for a judge to do something like that.

 

[IDK]

Judge is confused and taking advice from the ADA?! Can’t he find an impartial peer to discuss this with?!

 

[fred&edna]

How can any US judge throw out a charge during jury deliberation?? HOW??

 

[Sundog]

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

My understanding is that almost half of the states in the U.S. have eliminated the Allen charge due to its coercive nature, along with other reasons as outlined in the legal research paper posted below.

A mistrial is costly but so many cases where a judge has invoked a Kelly charge are appealled and that is also costly, so the mistrial cost issue isn't really a valid reason to use the historically relied upon Kelly charge to pressure juries to conform to the majority opinion.

Very good article with the history of the Kelly charge and some of the reasons why many state Supreme Courts have ruled against the use of the Kelly charge, as well as some of the supplemental language used by judges when introducing the Kelly charge to juries. Using it twice would be doubly coercive, as many legal experts have stated, in the article below. Coercive, bullying, choose your language, both apply to the Kelly charge as viewed by many state Supreme Courts.

https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1633&context=facpubs

 

[I am not Sherlock H.]

IANAL…… but hope one weighs in……

HITH can the jury be asked to further deliberate on the second count if the first count is being withdrawn, dismissed, removed, or otherwise jettisoned?

Can someone post the jury instructions sheet?

Is there any information available on how long this judge has been on the bench in NY? MOO

 

[Seattle1]

How can any US judge throw out a charge during jury deliberation?? HOW??

Alvin Bragg is moving to dismiss count one against Daniel Penny is nothing short of a shameless attempt to get a compromised verdict! Wrong, wrong, wrong! JMO

 

[Donswife48]

Are they gonna really want to appeal this, and risk getting convicted on retrial?

He essentially just beat the manslaughter charge, if found guilty on count 2, he only faces up to 4 years

I wouldn't give up if I knew I was justified in protecting myself and others. I don't see where sitting in prison for up to 4 years is any better than getting a retrial. But this is apparently what the DA want the jury to believe, that just convict him on some charge, and you can go home. Same with the Judge keeping them after they twice said they couldn't come to a unanimous verdict. JMO