The jurors in the trial of Daniel Penny have been in deliberations since Tuesday. Today the jury informed the judge they are deadlocked and unable to come to a verdict.
The 12-person jury sent a note Friday morning saying they are having trouble reaching a consensus on whether to convict Penny, 26, of “recklessly” causing Neely’s death by placing him in a six-minute chokehold back in May 2023. If the jury continues to be unable to reach a verdict, Manhattan Supreme Court Justice Maxwell Wiley would be required to give them what’s known as an “Allen” charge, urging them to reach a unanimous verdict.
NEW YORK – Jurors are deadlocked in the case of marine veteran Daniel Penny, 24, who pled not guilty to manslaughter charges brought on after he held street performer Jordan Neely in a fatal chokehold on a New York City subway train last year.
Jurors began deliberations on Tuesday in the trial of a military veteran accused of causing the death of a man with a chokehold on a New York subway, and ended with uncertainty this morning as the jury failed to come to a decision.
The judge emphasized the jurors’ duty to reach a verdict, stating that “deliberations were not intended to be easy,” but they should “harmonize” their views and make a decision.
“It would be a crazy result to have a hung jury because they can’t move onto the second count,” prosecutor Dafna Yoran was overheard telling the judge. Judge Wiley is now contemplating whether to issue an Allen charge to encourage a unanimous decision.
An Allen charge is a court order given to a deadlocked jury to motivate them to reach a unanimous verdict. A deadlocked jury may also lead to a retrial of the case. It can also lead to a hung jury, causing a retrial or a mistrial. A hung jury is unable to reach a verdict by the required voting margin and will often result in a retrial. In some cases, the judge may instruct the jury to continue deliberation, but this is not a common practice. (read more)
Penny’s lawyers have said the Marine veteran and aspiring architect was justified in protecting passengers from a man who witnesses said yelled, “Someone’s going to die today!” and said he was ready to go to jail after boarding the uptown F train. But Manhattan prosecutors have stressed that no witness testified that Neely threatened anyone specifically, touched anyone, or brandished a weapon.
This trial has the potential to change the way people respond to crisis events and threats of danger.
I hope, for a myriad of reasons, Mr Penny is able to walk out of the courtroom a free man.
I’ll bet the jury will be locked up until they can reach a guilty verdict.
.
“Go back and find him guilty on this OTHER count then, willya?”
… is what this amounts to
transparently
maybe
I fear you may have an incomplete appreciation of the extent of *racism in today’s America
*– anti-white
What Dafna Yoran is doing to Daniel Penny is nuts and absolutely illegal.
She moved to dismiss count one (manslaughter) because count two (criminal negligent homicide) couldn’t be considered if there was a verdict.
They’re bending the law to try and squeeze a guilty verdict for somebody who saved people on a train.
https://www.nysenate.gov/legislation/laws/CPL/310.70
SECTION 310.70
Rendition of partial verdict and effect thereof
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 310
§ 310.70 Rendition of partial verdict and effect thereof.
1. If a deliberating jury declares that it has reached a verdict with
respect to one or more but not all of the offenses submitted to it, or
with respect to one or more but not all of the defendants, the court
must proceed as follows:
(a) If the possibility of ultimate agreement with respect to the
other submitted offenses or defendants is so small and the circumstances
are such that if they were the only matters under consideration the
court would be authorized to discharge the jury pursuant to paragraph
(a) of subdivision one of section 310.60, the court must terminate the
deliberation and order the jury to render a partial verdict with respect
to those offenses and defendants upon which or with respect to whom it
has reached a verdict;
(b) If the court is satisfied that there is a reasonable possibility
of ultimate agreement upon any of the unresolved offenses with respect
to any defendant, it may either:
(i) Order the jury to render its verdict with respect to those
offenses and defendants upon which or with respect to whom it has
reached agreement and resume its deliberation upon the remainder; or
(ii) Refuse to accept a partial verdict at the time and order the
jury to resume its deliberation upon the entire case.
2. Following the rendition of a partial verdict pursuant to
subdivision one, a defendant may be retried for any submitted offense
upon which the jury was unable to agree unless:
(a) A verdict of conviction thereon would have been inconsistent with
a verdict, of either conviction or acquittal, actually rendered with
respect to some other offense, or
(b) The submitted offense which was the subject of the disagreement,
and some other submitted offense of higher or equal grade which was the
subject of a verdict of conviction, were so related that consecutive
sentences thereon could not have been imposed upon a defendant convicted
of both such offenses.
3. As used in this section, a “submitted offense” means any offense
submitted by the court to the jury, whether it be one which was
expressly charged in a count of the indictment or a lesser included
offense thereof submitted pursuant to section 300.50.
Various experts agree: The twists and turns evident in the legal system to find guilt and bankrupt are perversions of law. This is evident even by non-expert observers.
Solution: Jury nullification.
Why is the trial in NYC? Oh yeah, Nevermind..
Let my people go.
Given the deadlock, some jury members seem to be believe that reasonable doubt at least or innocence has been established. There was at least one lawyer on the NY jury that falsely declared P Trump guilty of felonies. Having a lawyer on the jury will almost guarantee that he/she will have the skills to sway a jury more then a regular citizen.
If the prosecution in Penny’s case ensured that one or 2 lawyers of their choosing were on the jury to convince them to vote guilty, it would be a very unjust process. There is no proof of this theory or allegation of course but I wish we could have watched the jury proceedings to see how influential and linear the trained lawyers have been or not been so far. Dershowitz and Turley would convince the jury of Penney’s innocence so it is confusing why there is not a unanimous acquittal. A lawyer can twist and confuse a jury’s mind and frustrate them with their legalese. Common sense and facts can be dominated by fancy rhetoric, pomposity etc.
The judge seems to be sticking his big thumb on the scales of justice. Such New York pretzel logic. Like saying, “You MUST find him guilty of something!”
I would think w/seven women on the jury they would be of the mind-set they would want more people like Daniel out there to be protectors in these type situations.
I am praying for Daniel that he walks a free man.
Eli introduces resolution to award Penny w/the Congressional Gold Medal. https://www.thegatewaypundit.com/2024/12/just-rep-eli-crane-introduce-resolution-award-daniel/
Penny’s lawyers have said the Marine veteran and aspiring architect was justified in protecting passengers from a man who witnesses said yelled, “Someone’s going to die today!”
The P O S was right. Someone DID die that day. What comes around goes around Neely.
FREE DANIEL PENNY !!!!
If Obama had a son..
As a white Catholic man, I wouldn’t spit on a sidewalk in NYC.
They would be asking me what I wanted for my “last meal”.
I think it’s already changed the way people are going to respond to crisis events . Even if he is set free, his life has already been turned upside down and he’s gone through hell. He is still being sued in civil court for millions. I personally will not get involved if i see anyone needing help or something is going on other than to make a phone call. That’s it. I would never in a million years actually touch someone to try and help them. People get sued for trying to help. I’ll just walk on by like the song says. It’s sad but we have to protect ourselves . And I sincerely hope that the jurors that vote guilty and the people doing this to Daniel are crying and begging for someone to help them someday and their cries are just ignored. That is what they deserve.
The state’s job is to prove to a jury the guilt of the accused beyond reasonable doubt. If a jury is unable to reach a unanimous decision, the state has failed to convince the jury. Logically, given the presumption of innocence, this should result in acquittal, not an opportunity for the state to have another bite at the apple.
#NYCisaWasteland
Judge Dafna Yoran is a national disgrace. She has bastardized the justice system to convict an innocent man. Jordan Neely got exactly what his hand called for. #FollowTheMoney
BLM has the same operating system as the KKK. They are both domestic terrorist organizations.
#WheresChristopherWray
#WheresMeritlessGarland
My thought is that someone on that JURY has been compromised. That is why it is deadlocked! The judge may be the key to unlock the verdict but he may be compromised too.
They are most likely stuck, 11 not guilty to 1 guilty (masked Karen) vote.
Any bets DoJ has a civil rights charge sheet already written up to make sure that Penny is railroaded just like the McMichaels and the St George Floyd (PBUH) cops?
Forcing a jury to come to a verdict has nothing to do with the merit, everything to do with the quirks of different personalities involved, their mental habits: it’s a random result.