NEW YORK CITY, NY - In an article for the National Review, former U.S. assistant attorney Andy McCarthy said that Manhattan District Attorney Alvin Bragg has been trying to "strong-arm" the jury in the Daniel Penny case into deciding on a verdict by dismissing manslaughter charges when the jury appeared deadlocked.
Further, since the announcement of no conviction against Penny, there have been calls for Bragg to resign "in shame."
According to Fox News, McCarthy wrote, "Bragg added a baseless recklessness charge to the indictment so they jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on."
The charges of manslaughter required prosecutors to prove that Penny acted with recklessness when he put Jordan Neely, a homeless person suffering from mental illness, in a chokehold back on May 1, 2023. Neely had barged onto a subway car while high on drugs, threatening to kill passengers during a psychotic episode, as presented during trial testimony.
Initially, the judge ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
In the article, McCarthy wrote, "Today, the jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked."
McCarthy said he believes Bragg's strategy in the case against Penny was to push forward with two charges, manslaughter and criminally negligent homicide, in order to maximize his chances in the court system. On Friday, December 6th, McCarthy was on the Fox News Channel and he said, "Unfortunately, the strategy is working the way it's designed to work."
In the article, he said that the prosecution should have never happened. He wrote, "This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death. There is evidence that Penny moved Neely into a position that would make breathing easier, waiting for the police to come, and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn't trying to hurt Neely, just subdue him until the police arrived."
Other commentators, including Claremont Institute senior fellow Jeremy Carl, also does not agree with the recent court developments in the Penny case. He wrote on X, "Kyle Rittenhouse was clearly not guilty, but the Daniel Penny case makes the Kyle Rittenhouse case look like a model of blind justice. He is unquestionably in every way a hero and the prosecution against him a total disgrace."
Former "The View" co-host Meghan McCain argued in a post on X, "I don't think the left fully grasps how much they are radicalizing people when a Marine who saved a bunch of people on the subway from a violent person with mental illness yelling 'someone is going to die today' is demonized. Daniel Penny did nothing wrong, you lunatics."
FOX 5 reported that despite Braggs' efforts, Penny was found not guilty in a verdict that was delivered after days of jury deliberations and courtroom back-and-forth. Penny was cleared of criminally negligent homicide. Perry is a U.S. Marine Corps veteran from West Islip, Long Island. He served in the Marines for four years and was discharged in 2021. At the time of Neely's death, Penny was studying architecture.
Further, since the announcement of no conviction against Penny, there have been calls for Bragg to resign "in shame."
According to Fox News, McCarthy wrote, "Bragg added a baseless recklessness charge to the indictment so they jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on."
The charges of manslaughter required prosecutors to prove that Penny acted with recklessness when he put Jordan Neely, a homeless person suffering from mental illness, in a chokehold back on May 1, 2023. Neely had barged onto a subway car while high on drugs, threatening to kill passengers during a psychotic episode, as presented during trial testimony.
Initially, the judge ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
In the article, McCarthy wrote, "Today, the jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked."
McCarthy said he believes Bragg's strategy in the case against Penny was to push forward with two charges, manslaughter and criminally negligent homicide, in order to maximize his chances in the court system. On Friday, December 6th, McCarthy was on the Fox News Channel and he said, "Unfortunately, the strategy is working the way it's designed to work."
In the article, he said that the prosecution should have never happened. He wrote, "This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death. There is evidence that Penny moved Neely into a position that would make breathing easier, waiting for the police to come, and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn't trying to hurt Neely, just subdue him until the police arrived."
Other commentators, including Claremont Institute senior fellow Jeremy Carl, also does not agree with the recent court developments in the Penny case. He wrote on X, "Kyle Rittenhouse was clearly not guilty, but the Daniel Penny case makes the Kyle Rittenhouse case look like a model of blind justice. He is unquestionably in every way a hero and the prosecution against him a total disgrace."
Former "The View" co-host Meghan McCain argued in a post on X, "I don't think the left fully grasps how much they are radicalizing people when a Marine who saved a bunch of people on the subway from a violent person with mental illness yelling 'someone is going to die today' is demonized. Daniel Penny did nothing wrong, you lunatics."
FOX 5 reported that despite Braggs' efforts, Penny was found not guilty in a verdict that was delivered after days of jury deliberations and courtroom back-and-forth. Penny was cleared of criminally negligent homicide. Perry is a U.S. Marine Corps veteran from West Islip, Long Island. He served in the Marines for four years and was discharged in 2021. At the time of Neely's death, Penny was studying architecture.
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Comments
2024-12-13T23:23-0500 | Comment by: Carlton
How long before Alvin is brought to justice ?