SIGforum
The Daniel Penny Trial/ New York City

This topic can be found at:
https://sigforum.com/eve/forums/a/tpc/f/320601935/m/7990026115

December 09, 2024, 11:49 AM
oddball
The Daniel Penny Trial/ New York City
For those wondering about Penny's legal costs.

quote:
A defense fund to pay Penny’s lawyers raised more than $3 million from online donors, with contributions ranging from $5 to $200,000. “I speak as a combat Marine from Vietnam,” wrote one man who gave a $10 donation. “I completely empathize with what Daniel did and recall learning that choke hold in boot camp.”


https://www.wsj.com/us-news/da...rticle_copyURL_share (might be paywall)



"I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965
December 09, 2024, 11:51 AM
justjoe
I hope President Trump awards him the Presidential Medal of Freedom.

BLM has stir up a lot of violence to maintain their credibility--and keep the $$$ flowing in.


______________________________________________________

"You get much farther with a kind word and a gun than with a kind word alone."
December 09, 2024, 11:57 AM
wcb6092
https://x.com/DrewHLive/status/1866170450973511740




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December 09, 2024, 12:03 PM
justjoe
It's a good man versus an evil money machine.

For what he did, just in itself, there should be no need for special recognition. I'm sure he would agree. What he did is just what men should do. Thanks from the mayor, which he received, should be enough.

But for all that he and his family have suffered through, and for the threats he will have to live with, he deserves the Medal of Freedom.


______________________________________________________

"You get much farther with a kind word and a gun than with a kind word alone."
December 09, 2024, 12:06 PM
OKCGene
This is really interesting to me.

"Daniel Penny has been acquitted in the death of Jordan Neely.

A jury found Penny not guilty of criminally negligent homicide Monday following four-and-a-half days of deliberations and a month-long trial brought by Manhattan DA Alvin Bragg.

Penny, who was stoic through the entirety of the trial, let out his first smile when the forewoman read the verdict.

Neely's father, Andre Zachary, who has filed a lawsuit against Penny, had to be escorted out of the courtroom for his outburst.


Jurors told the judge Friday morning they couldn't come to a unanimous conclusion on the top charge of second-degree manslaughter, which carried a maximum sentence of 15 years in prison. However, Judge Maxwell Wiley directed them to continue mulling over the decision until they could all agree on whether to convict or acquit Penny.

When they still couldn't after being deadlocked all day, the prosecution filed a motion to dismiss the singular manslaughter count, hoping jurors would comprise on the remaining criminally negligent homicide charge, a less serious offense carrying up to four years behind bars. Wiley granted the dismissal motion despite the defense's objections.

Penny's defense attorneys argued that dropping the one in favor of the other could "coerce" the jury toward them deciding on a verdict. Moreover, it could set a precedent encouraging other prosecutorial offices to over-charge defendants, with the option to withdraw in the event of a hung jury, the defense added.

Wiley then sent the jurors home for the weekend to return Monday morning and deliberate again, this time only on the negligence charge. "You are now free to discuss Count 2," the jury told jurors. "You'll render a verdict on that one."

There was much debate over whether the jury should be allowed to move on to Count 2 if they were unable to reach a consensus on Count 1. The verdict sheet stipulated that consideration of Count 2 was contingent on the outcome of Count 1 deliberations. According to jury instructions, if Penny was found not guilty of Count 1, because the prosecution failed to disprove that Penny's actions were justified, the jury could not proceed to consider Count 2 and "must" find Penny not guilty of that charge."

CLICK LINK TO STORY HERE
.
December 09, 2024, 12:07 PM
kx90
Good news. Should never have been tried to begin with.

Sucks that this happening as my wife and I are in midtown Manhattan because she had to come up here for work.
December 09, 2024, 12:14 PM
wcb6092
Satire maybe




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December 09, 2024, 12:35 PM
Pipe Smoker
^^^^^
That's good, satire or not!



Don’t argue with fools.
December 09, 2024, 12:37 PM
Chowser
Glad the jury did the right thing.



Not minority enough!
December 09, 2024, 12:47 PM
corsair
quote:

Neely's father, Andre Zachary, who has filed a lawsuit against Penny, had to be escorted out of the courtroom for his outburst.

Theatrics since his son was following the George Floyd best-life program, now he'll jump all over whatever pro-bono civil suit he can bring hoping for a payday...never mind his son had been arrested 42-times, has lengthy history of mental and drug addiction issues and was homeless. Aren't cviil suits supposed to adjudicate the financial losses, not sure Jordan was bringing in ANY finances to his family.
quote:
Penny's defense attorneys argued that dropping the one in favor of the other could "coerce" the jury toward them deciding on a verdict. Moreover, it could set a precedent encouraging other prosecutorial offices to over-charge defendants, with the option to withdraw in the event of a hung jury, the defense added.

I always thought this was a work-around to avoid double-jeopardy, just stack the amount of charges and peel-off various charges depending upon how the case proceeds.
December 09, 2024, 12:55 PM
Lefty Sig
Judges should not permit this kind of charge dismissal during deliberations - yes it is a method to get the jury to compromise on something if not the higher charge.

Prosecutors should be required to charge the crime as they see appropriate and not overcharge and then include lesser charges to allow the jury to bargain down. If you charge murder 2, you can't also charge manslaughter as a backup plan. This will get prosecutors to think harder about charging appropriately and not throwing everything at the wall to see what will stick.

And to the guy calling for vigilatism - the data shows that blacks kill whites 10x higher than whites kills blacks when adjusted for population.
December 09, 2024, 01:02 PM
oddball
One thought- if I was Daniel Penny, I would get on a plane tonight and make a permanent move to FL or TX or someplace other than a blue state.



"I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965
December 09, 2024, 01:21 PM
thumperfbc
Did they poll the jury? I’m wondering what the votes were on the first count. Considering the speed with which he was found not guilty on the second, I’m thinking there was a very small number who wanted to convict on the first count… potentially one or two holding up the acquittal.
December 09, 2024, 02:03 PM
corsair
I sat on a jury that was trying to convict a guy who had a bad DUI and litany of other charges to include indecent exposure. There was a lone juror who didn't' want to convict, her reasoning was she didn't want to feed him back into the criminal justice system (he had a list of priors) and because he was of Hispanic-descent she felt a conviction on his record would force 'other government agencies' into the process.

The rest of the jury over the course of 3-hrs of deliberating, had to explain to her it wasn't our role as jurors to consider issues outside of the evidence that was presented in make a ruling. Basically she got a crash course in Civics and why jurors are need to be objective. We did have a guy dismissed because he continually was sleeping during the trail...he was 83.
December 09, 2024, 02:04 PM
jsbcody
quote:
Originally posted by Lefty Sig:
Judges should not permit this kind of charge dismissal during deliberations - yes it is a method to get the jury to compromise on something if not the higher charge.

Prosecutors should be required to charge the crime as they see appropriate and not overcharge and then include lesser charges to allow the jury to bargain down. If you charge murder 2, you can't also charge manslaughter as a backup plan. This will get prosecutors to think harder about charging appropriately and not throwing everything at the wall to see what will stick.

And to the guy calling for vigilatism - the data shows that blacks kill whites 10x higher than whites kills blacks when adjusted for population.


I will say it again: BOTH sides submit Jury Instructions and a lot of the time it is the Defense that submits the lesser included offenses. Now sometimes Prosecutors will submit the lesser included charges as they don't know how the case will break....especially when the main witnesses are other shithead thugs. In this case, I can believe it was the Prosecution that submitted the lesser included charges to try and get a conviction on something.....Glad the Jury acquitted Penny.
December 09, 2024, 02:04 PM
vinnybass
I'd also like to know the jury's demographic make-up. Surely in NYC the jury would have an ethnically diverse composition.



"We're all travelers in this world. From the sweet grass to the packing house. Birth 'til death. We travel between the eternities."
December 09, 2024, 02:11 PM
92fstech
quote:
Originally posted by nhracecraft:
quote:
Originally posted by vinnybass:
Of course I'm pleased with the outcome of this farce.

I do have a question:

How did the jury go from deadlocked Friday on manslaughter to unanimous on the lesser charge Monday?

^^ THIS! A very good question...

Obviously, this is the correct and righteous verdict, but certainly a curious way to get there.


Agreed. I'm curious as well, but very happy with the outcome!
December 09, 2024, 03:24 PM
Sigmund
quote:
Originally posted by oddball:
One thought- if I was Daniel Penny, I would get on a plane tonight and make a permanent move to FL or TX or someplace other than a blue state.


Yup. Remember Ferguson MO? The cop who killed the "gentle giant" was never charged, although I'm sure the Obama DOJ tried. IIRC, he left that department and got outta Dodge real fast.
December 09, 2024, 03:25 PM
Mars_Attacks
quote:
Originally posted by vinnybass:
I'd also like to know the jury's demographic make-up. Surely in NYC the jury would have an ethnically diverse composition.


9-3 Nine white.


____________________________

Eeewwww, don't touch it!
Here, poke at it with this stick.
December 09, 2024, 03:37 PM
vinnybass
quote:
Originally posted by Mars_Attacks:
quote:
Originally posted by vinnybass:
I'd also like to know the jury's demographic make-up. Surely in NYC the jury would have an ethnically diverse composition.


9-3 Nine white.


Thanks, I couldn't find it.



"We're all travelers in this world. From the sweet grass to the packing house. Birth 'til death. We travel between the eternities."