Penny for your thoughts
- Thread starter Diogenes
- Start date
Diogenes
Nemo me impune lacessit
Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice
Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice
The note from jurors stating that they were deadlocked on the count of manslaughter in the second-degree sparked a dizzying and dramatic back-and-forth.
nypost.com
volsrocks
Verified User
So they’re trying to save face by getting the jury to convict on the lesser chargeDaniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice
Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice
The note from jurors stating that they were deadlocked on the count of manslaughter in the second-degree sparked a dizzying and dramatic back-and-forth.
This sounds like solid grounds for an appeal. The prosecution has already introduced a boatload of evidence that was supposed to support a manslaughter charge. How would this not be considered prejudicial evidence if that charge is now dropped? I think this would require them to start the case all over again.
volsrocks
Verified User
Jury can’t consider the lesser charges until they return a unanimous verdict on the manslaughter charge. If they are hung on the manslaughter charge then a mistrial will have to be declared. Never heard of dismissing a charge in the middle of jury deliberations, but this is NYC and the judicial system is so corrupt the ploy may work.
Diogenes
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Are you sure about that?
volsrocks
Verified User
Have u seen a case where the DA dismisses a charge while the jury is hung up?
The cases in the jury hands not the DA
Diogenes
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So you aren't sure, apparently.
Diogenes
Nemo me impune lacessit
Meanwhile,
The 12-person panel will continue deliberating Monday on the lesser charge of criminally negligent homicide, which Penny, 26, faces in the fatal May 2023 encounter aboard an uptown F train.
nypost.com
The 12-person panel will continue deliberating Monday on the lesser charge of criminally negligent homicide, which Penny, 26, faces in the fatal May 2023 encounter aboard an uptown F train.
Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice
The note from jurors stating that they were deadlocked on the count of manslaughter in the second-degree sparked a dizzying and dramatic back-and-forth.
nypost.com
No, not really, had an inclination on how it would turn out, but no real opinion, having talked to acquaintances who are trial lawyers, I’ve learned that the image of what the public believes occurred often doesn’t match the facts addressed in the trial
Proved “copy and paste” wrong again, so easy
Diogenes
Nemo me impune lacessit
So, now the judge has dismissed the first count on second-degree manslaughter and is allowing the jury to consider the second count after the weekend.
This is precisely what Bragg was hoping for in setting up a possible compromise verdict.
With the Allen charge, the prosecutors hoped to pressure the jury into voting on the low standard of criminal negligence.
Outside of New York or a few other cities, this case would likely either have not been brought or would have collapsed quickly before the jury.
I am still hopeful that there will be holdouts on the lesser offense.
That would leave this as a hung jury, though the treatment of Penny will leave chilling message for New York thinking of protecting others from assault in New York.
This is precisely what Bragg was hoping for in setting up a possible compromise verdict.
With the Allen charge, the prosecutors hoped to pressure the jury into voting on the low standard of criminal negligence.
Outside of New York or a few other cities, this case would likely either have not been brought or would have collapsed quickly before the jury.
I am still hopeful that there will be holdouts on the lesser offense.
That would leave this as a hung jury, though the treatment of Penny will leave chilling message for New York thinking of protecting others from assault in New York.
Diogenes
Nemo me impune lacessit
Diogenes
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Cool story, Anchovies.
So if I search the database, I won't find any opinions you've ever posted on any incident prior to a jury verdict?
Diogenes
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How so, Anchovies?
And now they are prophesying on something they are totally clueless on, the humor never stops
Probably not, you might find something regarding how I think it will turn out, but no editorializing on what I think should happen
Diogenes
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Is that right, Anchovies?
Diogenes
Nemo me impune lacessit
You seemed so sure just now, Anchovies.
Are you evincing a desire to modify your claim?
volsrocks
Verified User
Negligent homicide...for example, someone who fires a gun in the air. They aren't trying to kill someone, but they are showing no regard for the safety of the people around.Meanwhile,
The 12-person panel will continue deliberating Monday on the lesser charge of criminally negligent homicide, which Penny, 26, faces in the fatal May 2023 encounter aboard an uptown F train.
Daniel Penny trial judge agrees to drop top manslaughter count after jury deadlocks twice
The note from jurors stating that they were deadlocked on the count of manslaughter in the second-degree sparked a dizzying and dramatic back-and-forth.
It wasn't Penny who brought the proverbial gun into the subway car, it was Neely. Neely is the person who threatened indiscriminate harm to the people in the crowd; Penny stood up to attempt to stop it.