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re: Daniel Penny’s jury is deadlocked in the verdict. Update: Manslaughter charge dismissed..

Posted on 12/6/24 at 11:58 am to
Posted by Crimson1st
Birmingham, AL
Member since Nov 2010
21120 posts
Posted on 12/6/24 at 11:58 am to
quote:

The same people wanting to convict Penny are cheering on the murderer of the United Healthcare CEO.



Yeah...funny how they would be singing a different tune were they being molested/threatened on the subway or if it were their friend/relative being hunted down...quite frankly...frick them!
Posted by moneyg
Member since Jun 2006
63073 posts
Posted on 12/6/24 at 11:59 am to
This one should be unanimous not guilty
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19829 posts
Posted on 12/6/24 at 12:01 pm to
quote:

That's a small victory for Penny in this case. Hopefully they decide not to retry if this ends up being a hung jury/mistrial.
quote:

Highly doubt that they will not retry him.
not so sure about that for one reason: Bragg has tried to racialize this already and sees it as his Bernie Goetz moment.

Because his constituents are in lockstep with him, he can milk it for political capital with no backlash. Which means he can drag it on and on with no consequences for himself.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147127 posts
Posted on 12/6/24 at 12:06 pm to
If the jury acquits Penny of the charge the prosecutor brought originally & hangs on a lesser... the case is then over, no?

That would be double jeopardy if the prosecution tries to refile at the lesser, right?
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44918 posts
Posted on 12/6/24 at 12:10 pm to
How can a judge ask someone who is voting not guilty to go back and reconsider? Isn’t that the deficit reasonable doubt at that point?
Posted by Undertow
Member since Sep 2016
9139 posts
Posted on 12/6/24 at 12:16 pm to
Shame on the prosecutors and their bosses. Willing to put a man in prison over woke politics.

Remember when defense attorneys were viewed as the bigger shitbags?
Posted by I20goon
about 7mi down a dirt road
Member since Aug 2013
19829 posts
Posted on 12/6/24 at 12:18 pm to
quote:

If the jury acquits Penny of the charge the prosecutor brought originally & hangs on a lesser... the case is then over, no?

That would be double jeopardy if the prosecution tries to refile at the lesser, right?
not a lawyer, just a near-convict the Feds hate, so....

but what I understand it would depend on the charge sheet; two common scenarios:

1. The judge/charge sheet said the jury could consider a lesser charge as an option.

2. They are two wholly independent charges (I believe this is the case here).

If #2 is indeed the case then each charge can be tried independently so no jeopardy would be attached.

The tell of the tape is if Bragg asks for a mistrial early because of deadlock. If he does that, which a prosecutor normally would not do, it means he wants the show to continue at the risk of the judge dismissing it upon declaration. It's worth the risk because it is just a show for him.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
138978 posts
Posted on 12/6/24 at 12:23 pm to
quote:

That's a small victory for Penny in this case.
It's no victory at all. What kind of imbeciles was Bragg able to seat?
Posted by MattA
Member since Nov 2019
2020 posts
Posted on 12/6/24 at 12:25 pm to
quote:

If I was on that jury I would hang TF out of it.


Looks like that’s what’s happening from at least a few sane people.
Posted by Reagan80
Earth
Member since Feb 2023
2330 posts
Posted on 12/6/24 at 12:42 pm to
The Judge will make them reach a guilty verdict by forcing them to deliberate until conviction. This will not end well for Penny.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
82394 posts
Posted on 12/6/24 at 12:43 pm to
quote:

will make them reach a guilty verdict


I would tell him that he would have to kill me before that happens.
Posted by SouthEasternKaiju
SouthEast... you figure it out
Member since Aug 2021
47172 posts
Posted on 12/6/24 at 12:46 pm to
Set him free then.
Posted by chity
Chicago, Il
Member since Dec 2008
6797 posts
Posted on 12/6/24 at 12:47 pm to
If found guilty, Trump should pardon him first day in office.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
56146 posts
Posted on 12/6/24 at 12:48 pm to
Well if this is a hung jury then doesn't that mean Penny is not guilty. Isn't that the reason the DA brought the case to court, to see if he is guilty? If they didn't find him guilty then he should be walking on that charge. Undoubtedly th DA didn't prove his case.
Posted by Seldom Seen
Member since Feb 2016
48737 posts
Posted on 12/6/24 at 12:51 pm to
Posted by SirWinston
Say NO to War
Member since Jul 2014
104464 posts
Posted on 12/6/24 at 12:52 pm to
Has be been incarcerated this whole time? Hopefully he's free on bail at least.
Posted by Fun Bunch
New Orleans
Member since May 2008
130289 posts
Posted on 12/6/24 at 12:54 pm to
quote:


If the jury acquits Penny of the charge the prosecutor brought originally & hangs on a lesser... the case is then over, no?

That would be double jeopardy if the prosecution tries to refile at the lesser, right?


Correct.

Once acquitted of a crime you cannot be retried for the same crime on a lesser charge.

However, this one will likely end in mistrial/hung jury so it can be retried
Posted by 632627
LA
Member since Dec 2011
15132 posts
Posted on 12/6/24 at 12:55 pm to
quote:

If found guilty, Trump should pardon him first day in office


I thought the president can only pardon federal charges?
Posted by Fun Bunch
New Orleans
Member since May 2008
130289 posts
Posted on 12/6/24 at 12:56 pm to
quote:

What kind of imbeciles was Bragg able to seat?


One of the jurors has been double masked the entire trial.

Not making that up, fyi

This post was edited on 12/6/24 at 1:01 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
130289 posts
Posted on 12/6/24 at 12:57 pm to
quote:

I thought the president can only pardon federal charges?



Correct, only Hochul (or a future NY Gov) could.
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