{"id":164151,"date":"2024-12-09T08:05:49","date_gmt":"2024-12-09T13:05:49","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=164151"},"modified":"2024-12-08T16:34:38","modified_gmt":"2024-12-08T21:34:38","slug":"daniel-penny-jury-being-strongarmed-for-a-conviction","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=164151","title":{"rendered":"Daniel Penny jury being strongarmed for a conviction?"},"content":{"rendered":"

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The judge presiding over Daniel Penny’s murder trial dismissed the manslaughter charge. The Jury was deadlocked on this charge, despite the police seeing that Jordan Neely was still alive when they arrived. The police officers did not want to administer CPR due to fear for their own health. Andy McCarthy, a former US Assistant Attorney, accused Alvin Bragg of trying to “strong-arm” the jury into issuing a conviction.<\/p>\n

From The Post Millennial:<\/strong><\/span><\/p>\n

“Bragg added a baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on,” McCarthy wrote. He further argued that the case lacked the elements necessary for a recklessness charge, which requires proof of a wanton disregard for an obvious risk of death.<\/p>\n

McCarthy also appeared on Fox News, where he criticized Assistant Manhattan District Attorney Dafna Yoran’s request to dismiss the top charge and focus the jury’s deliberations solely on the lesser count.<\/p>\n

“Today, the jurors have been Allen-charged to try to strong-arm them into deciding the count despite indicating, after three days, that they were deadlocked,” he claimed.<\/p>\n

According to the Daily Mail, the difference between the charges is whether Penny’s actions constituted recklessness versus negligence when he restrained Neely with a chokehold. A manslaughter conviction would require proof the defendant recklessly caused another person’s death, while criminal negligent homicide involves engaging in “blameworthy conduct” without regard for its risk.<\/p>\n

McCarthy explained that “There is evidence that Penny moved Neely into a position that would make breathing easier, waited for the police to come and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn’t trying to hurt Neely, just subdue him until the police arrived.”<\/p><\/blockquote>\n

Additional Reading:<\/strong><\/p>\n

Cunningham, H. (2024, December 8). Manhattan DA Alvin Bragg accused of trying to ‘strong-arm’ jury into convicting Daniel Penny over death of Jordan Neely. The Post Millennial<\/em>. Link<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The judge presiding over Daniel Penny’s murder trial dismissed the manslaughter charge. The Jury was deadlocked … Daniel Penny jury being strongarmed for a conviction?<\/span>Read more<\/a><\/p>\n","protected":false},"author":661,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[472,13],"tags":[],"class_list":["post-164151","post","type-post","status-publish","format-standard","hentry","category-democrats","category-society"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/164151","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/661"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=164151"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/164151\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=164151"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=164151"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=164151"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}