OPINION: The Judge in the Daniel Penny Case Is Trying to Rig a Guilty Verdict

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Posted on 12/07/2024 3:44:41 AM PST by george76

It was a dramatic day in New York City on Friday as the jury in the Daniel Penny case came back deadlocked multiple times. While that would normally lead to a mistrial and Penny going free, the judge in the case decided to set what appears to be a new precedent, and it's rightfully leading to outrage.

As RedState reported, at the prosecution's request, count one (second-degree manslaughter) was dismissed, with the judge ordering the jury to be sent back to deliberate on count two (negligent homicide).

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Yes, that is a judge saying he will "take a chance" with having no precedent (with a man's life hanging in the balance) in what appears to be an attempt to coerce a guilty verdict out of the jury. For context, the original jury instructions stated that they must reach a verdict on count one before they can deliberate on count two. A dismissal is not an acquittal, something that the prosecution openly stated.

In other words, this appears to be an end-run around the law by redefining terms, something New York City judges are no stranger to. Remember, this is all happening in Manhattan DA Alvin Bragg's jurisdiction.

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I'm sorry, but I am finding it hard to believe this is proper. The jury has twice now said they are deadlocked. That's a hung jury on that count. The judge is effectively dismissing it (but can he?) so they can consider C2.

I can't find a single case supporting this approach.

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Manslaughter charge against Penny is officially DISMISSED, over defense objection. Dismissed by the court, not the DA.

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Where I practice as a prosecutor, we can amend the indictment or move to dismiss counts up until the case is given to the jury. The requirement of unanimous verdict should apply to all counts given to the jury. I have never heard of what they are attempting to do here.

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This smacks of double jeopardy. The whole set up of the charges feels incredibly vindictive and predatory. If someone is found not guilty you shouldn’t be able to follow it up with “well if you don’t think he’s guilty because of x, you can find him guilty because of y.”

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Penny won't be free unless the jury acquits on the 2nd charge - which they won't. Bragg wants a scalp for reelection. (If Penny was black and Neely white the case would never have been brought.)

If the jury is still hung next week on the 2nd charge Bragg will call for a new trial.

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Penny faces up to four years in prison if he's convicted on the second charge, and given Judge Maxwell Wiley's behavior so far, you can bet he'll try to hit the upper end of that range. He is clearly more concerned with appeasing the lunatics protesting outside the courthouse than upholding any standard of fairness in the justice system.

If this stands, it will serve as an incentive for prosecutors to over-charge, knowing that if the jury deadlocks, they can simply back up to the next charge to try to try to get a guilty plea. It's as if they get a "do-over" after failing to convict without having to retry the case. Bragg wants a scalp, and he doesn't care which charge he gets it on. That's not how this should work. The original jury instructions should have been honored, and a mistrial should have been declared.

Would that have left Penny open to being prosecuted again if Bragg was vindictive enough? Perhaps, but that was the proper course of action under the law instead of this attempt to get a "compromise verdict" by inventing new rules and winking and nodding at the jury.

As of now, this entire thing seems to be rigged against Penny, with the judge and prosecution working hand-in-glove, and that's a travesty for him and whatever public trust was left in the justice system. These judges and prosecutors are out of control.

Penny's last hope is that the jury deadlocks on the second charge as well and that justice prevails here despite the machinations of the "justice system." Deliberations will continue on Monday, which means an entire weekend of possible pressure being applied. How convenient for the judge and prosecution, right?

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1 posted on 12/07/2024 3:44:41 AM PST by george76

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