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

[shotgun09]

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

I Know, right ? it's like he just said to the jury....."Never mind...we were just messin with ya'. You don't have to discuss this now, and so sorry about all the grief and time you spent trying to work on it...when it was really fruitless."

Now, get back to work, jury !

Did he really do that?

Just amazing !

 

[fred&edna]

'Seems we've gone far beyond"creative lawyering" in this case.

jmo

 

[Sundog]

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

I don't think there will be a retrial if there is a hung jury or acquittal by this jury, or if it reversed or overturned by the appellate courts.

 

[PrairieWind]

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

If there is a mistrial, the manslaughter charge could not be brought again.

 

[Donswife48]

'Seems we've gone far beyond"creative lawyering" in this case.

jmo

It also seems like we've gone far beyond creative court room procedures also. JMO

 

[Rolypolyoly]

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.

I believe Dr Harris said that the sickling was due to asphyxiation, but i would have to double check.

I also believe that Dr Chundru admitted that the deep bruising inside Jordan's throat lined up exactly with where Penny's arm can be seen around his neck? I'm not a doctor, but I imagine pressure deep enough to cause bruising deep into the throat tissue could be consistent with asphyxiation. JMO

 

[fred&edna]

I know prosecutors can withdraw charges but I've never known of a judge allowing this AFTER a jury reports being deadlocked! And, deadlocked after the Allen charge!

jmo

 

[LinasK]

If there is a mistrial, the manslaughter charge could not be brought again.

Thank you. We need some actual legal expertise on this thread right now. I admit that I don't pretend to be one.

 

[DS2021]

If there is a mistrial, the manslaughter charge could not be brought again.

Oh interesting

 

[Marysmith]

Jordan Neely never actually even touched anyone, am I right? Just thought to ask... I feel like I'm living in the Twilight Zone...

 

[Rolypolyoly]

If there is a mistrial, the manslaughter charge could not be brought again.

Because the charge was dismissed with prejudice?

 

[Linda7NJ]

Jordan Neely never actually even touched anyone, am I right? Just thought to ask... I feel like I'm living in the Twilight Zone...

A person doesn’t have to wait to be shot or stabbed before protecting themselves or others. Neely made credible death threats, behaved aggressively to the point EVERYONE on the train was SCARED for their life…. and Neely appeared out of his mind.

 

[LinasK]

A petson doesn’t have to wait to be shot or stabbed before protecting themselves or others. Neely made credible death threats, behaved aggressively to the point EVERYONE on the train was SCARED for their life…. and Neely appeared out of his mind.

Credible??? That's your opinion. The other passengers simply moved to another car, didn't see the need to get violent and play vigilante.

 

[tara83]

He had schizophrenia. He was extremely mentally ill.

Still doesn't mean he has a right to terrify and threaten people. He could have easily killed someone.

 

[Rolypolyoly]

A petson doesn’t have to wait to be shot or stabbed before protecting themselves or others. Neely made credible death threats, behaved aggressively to the point EVERYONE on the train was SCARED for their life…. and Neely appeared out of his mind.

Credible? He stood ranting on a train, had no weapon, didn't claim to have a weapon, made no attempt to attack anyone, and didn't direct his "threats" at anyone in particular. For all we know he could have jumped off at the next stop just as quickly as he jumped on.
I don't dispute that people were scared, but credible is a stretch. MOO

 

[Marysmith]

Still doesn't mean he has a right to terrify and threaten people. He could have easily killed someone.

He was not in control. Have some compassion. My god.

 

[LinasK]

Still doesn't mean he has a right to terrify and threaten people. He could have easily killed someone.

And because of Penny, we'll never know if his threats were merely just threats/talking. The analogy can be made to a shooter shooting an unarmed man because he thought he was armed.

 

[HmmMysterious]

Be honest, Neely was a menace to society and NYC is under anarco tyranny

I think it's unfair to call him a menace to society when Neely was suffering from mental illness.

 

[Linda7NJ]

Credible??? That's your opinion. The other passengers simply moved to another car, didn't see the need to get violent and play vigilante.

His own record proves he was dangerous.

 

[LinasK]

His own record proves he was dangerous.

Yet, once again- Penny didn't know his record at the time of the incident.