Lawyer Brian Claypool accused the prosecution of deliberately “overcharging” Marine veteran Daniel Penny within the Jordan Neely subway chokehold case, figuring out the transfer would boil right down to the jury weighing on the “easier-to-prove” lesser cost.
The choose within the high-profile case granted the prosecution’s movement to dismiss the highest cost of second-degree manslaughter earlier than the jury broke for the weekend, leaving them to weigh the lesser cost of criminally negligent murder when courtroom deliberations resume on Monday.
Jurors failed to succeed in a unanimous settlement twice, prompting the dismissal.
“I believed when this case began that this prosecutor overcharged Daniel Penny. This by no means was a second-degree manslaughter case; that requires Penny to mean to hurt Jordan Neely. That requires proof that Penny knew and had affordable perception to know that Jordan Neely was going to die due to this chokehold and nonetheless did it,” Claypool stated.
“There is not any details to help that, so these prosecutors overcharged, figuring out they’d by no means get a conviction on second-degree manslaughter, after which bought what they needed. Then they get the choose to say, ‘Effectively, you possibly can’t agree on that one, however let’s go to the lesser cost, which is simpler to show.’ What that does is it induces jurors to throw up their arms after they have been deliberating three or 4 days and say, ‘OK, let’s simply get them on the lesser cost,’ so it is patently unfair, and that is a miscarriage of justice.”
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Daniel Penny arrives at Manhattan Supreme Court docket, Friday, November 22, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent murder within the 2023 loss of life of Jordan Neely on a New York Metropolis subway prepare. (Rashid Umar Abbasi for Fox Information Digital)
Penny’s protection stated in a press release Friday that it’s “cautiously optimistic” that the remaining rely might be dismissed by the jury on Monday, permitting the “nightmare” to be put behind Penny.
DANIEL PENNY TRIAL: MEET THE JURORS WHO WILL DECIDE MARINE VETERAN’S FATE IN SUBWAY CHOKEHOLD CASE
Jordan Neely is pictured earlier than going to see the Michael Jackson film, “That is It,” outdoors the Regal Cinemas on eighth Ave. and forty second St. in Instances Sq., New York, in 2009. (Andrew Savulich/New York Every day Information/Tribune Information Service by way of Getty Photos)
“…[This would] enable us to give attention to the civil lawsuit, filed two days in the past, for a similar allegations contained within the prison indictment,” the assertion continued.
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Penny is accused of utilizing a chokehold in opposition to 30-year-old Neely that resulted in his loss of life after Neely informed passengers aboard a New York Metropolis subway that somebody was going to “die at this time” and that he did not care about going to jail for all times.
