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Judge dismisses Manslaughter charge in Dan Penny case due to hung jury
Posted on 12/6/24 at 4:28 pm
Posted on 12/6/24 at 4:28 pm
https://nypost.com/2024/12/06/us-news/daniel-penny-trial-judge-agrees-to-drop-top-manslaughter-count-after-jury-deadlocks-twice/
quote:
A Manhattan judge on Friday agreed to drop the top charge against Daniel Penny in the subway chokehold death of Jordan Neely.
“We move to dismiss the top count of manslaughter in the second degree,” Assistant District Attorney Dafna Yoran told the court around 3:30 p.m.
The judge signed off on the request — which came after jurors twice said Friday they couldn’t come to a verdict on the manslaughter rap.
5
Posted on 12/6/24 at 4:30 pm to Wolfwireless
Can the DA try him again for that charge?
Posted on 12/6/24 at 4:33 pm to BurlesonCountyAg
No. Jeopardy attached when the jury was sat. Think they’re still deliberating on a lesser included.
This post was edited on 12/6/24 at 5:35 pm
Posted on 12/6/24 at 4:35 pm to TigernMS12
anything short of him walking out of that court room with a medal is a tragedy of justice.
Posted on 12/6/24 at 4:35 pm to TigernMS12
quote:
Think there still deliberating on a lesser included.
Hold the line Patriot juror(s)
Posted on 12/6/24 at 4:37 pm to BurlesonCountyAg
quote:
Can the DA try him again for that charge?
No, not in the same case. Under Double Jeopardy protection they can't bring up equal or lesser charges, in regards to the man who died.
However, as mentioned, it doesn't protect him from other charges ongoing in the current case.
This post was edited on 12/6/24 at 4:39 pm
Posted on 12/6/24 at 4:38 pm to Wolfwireless
That filthy Israeli prosecutor is behind this, trying to manufacture a guilty verdict on a lesser charge despite her routinely refusing to prosecute poo immigrants from Africa who commit actual violent crimes.
They hate us
They hate us
This post was edited on 12/6/24 at 4:40 pm
Posted on 12/6/24 at 4:41 pm to CAD703X
quote:
anything short of him walking out of that court room with a medal is a tragedy of justice.
I agree but as his attorney depending upon the timing
waiting a couple of months to plead to whatever,,, considering that Trump in the White House
and messages that could be sent if they're not offering to walk out of there with Absolutely nothing hanging over your head if you stay in a little longer to negotiate because you're gonna end up walking out of there with nothing against you and maybe a little bit in your pocket
Posted on 12/6/24 at 4:42 pm to tigerpimpbot
quote:
Hold the line Patriot juror(s)
Absolutely!
Stand your ground and fight!
Posted on 12/6/24 at 4:42 pm to CAD703X
quote:
anything short of him walking out of that court room with a medal is a tragedy of justice.
Walking out with a key from the city.
Posted on 12/6/24 at 4:47 pm to OWLFAN86
quote:
I agree but as his attorney depending upon the timing waiting a couple of months to plead to whatever,,, considering that Trump in the White House and messages that could be sent if they're not offering to walk out of there with Absolutely nothing hanging over your head if you stay in a little longer to negotiate because you're gonna end up walking out of there with nothing against you and maybe a little bit in your pocket
Did you go to Rice? You write like a nine year old.
Posted on 12/6/24 at 4:53 pm to Sam Quint
quote:
Did you go to Rice? You write like a nine year old.
Strokes can do that to folks.
Posted on 12/6/24 at 4:57 pm to Sam Quint
Since the stroke I just am voice to text
you don't have to read me even those that do don't understand it sometimes
you don't have to read me even those that do don't understand it sometimes
Posted on 12/6/24 at 5:00 pm to LegendInMyMind
quote:
quote:
Did you go to Rice? You write like a nine year old.
Strokes can do that to folks.
who had a stroke?
hope they're ok
Posted on 12/6/24 at 5:01 pm to OWLFAN86
I think there is a second lesser charge that the jury can consider.
Posted on 12/6/24 at 5:02 pm to OWLFAN86
quote:It's like warm milk to my ears!
Since the stroke I just am voice to text
you don't have to read me even those that do don't understand it sometimes
lol.
(I'm lactose intolerant)
Posted on 12/6/24 at 5:03 pm to OWLFAN86
Are you voice text?
Posted on 12/6/24 at 5:10 pm to Wolfwireless
A hung jury isn't considered a final verdict. He can still be tried for the same crime
Posted on 12/6/24 at 5:15 pm to Zendog
quote:
A hung jury isn't considered a final verdict. He can still be tried for the same crime
The DA dismissed the charge before the jury was officially hung and a mistrial declared . Because the jury had been empaneled and seated, jeopardy attaches and he cannot be retried for that charge which the DA dismissed.
Posted on 12/6/24 at 5:19 pm to Zendog
quote:
A hung jury isn't considered a final verdict. He can still be tried for the same crime
In the event of a hung jury is it the judge's discretion on whether jeopardy is attached? Maybe it's a state to state variance but there doesn't seem to be a lot of consistency there.
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