In a surprising turn of events, the most severe charge of second-degree manslaughter against Daniel Penny was dismissed by Judge Wiley, a move that Fox News legal analyst Gregg Jarrett suggests could be a "partial victory" for the defense.
The dismissal came after the prosecution's motion was granted on Friday, a decision that has sparked a great deal of controversy.
According to Fox News, Jarrett, speaking on "Hannity," expressed his concerns about the judge's decision, stating, "In [dropping the charge], Judge Wiley created what looks like reversible error so that if the jury convicts on the lesser charge next week, it would be overturned on appeal. Why? Because the judge contradicted his own earlier ruling that the jury could only consider the second count if they found Penny not guilty of the first count. Guess what? That didn't happen."
Jarrett further criticized the judge's decision, arguing that it was not only unorthodox but also legally incorrect. He said, "Now the judge is letting the jury do what he said he couldn't do. And the defense is right. This is coercive, sort of forcing the jury to convict by changing the rules after the fact. It's not just unorthodox, it's legally wrong."
He added, "The judge's only option was to declare a mistrial on the deadlocked jury and dismiss one charge during deliberations and then double down on the remaining charge. You can't do that. To me, it clearly violates Penny's due process rights."
Alan Dershowitz, a Harvard professor emeritus, also voiced his opinion on "Hannity," suggesting that the trial was headed for a "hung jury" from the start. He speculated that the jury members were judging based on preconceived guilt.
Penny's defense team, however, remains "cautiously optimistic" that the remaining count will be dismissed by the jury on Monday. They hope to put this "nightmare" behind them and shift their focus to the impending civil case. The defense team stated, "[This would] allow us to focus on the civil lawsuit, filed two days ago, for the same allegations contained in the criminal indictment."
Penny stands accused of using a chokehold on 30-year-old Neely, leading to his death. This incident occurred after Neely announced to passengers on a New York City subway that someone was going to "die today" and that he didn't care about spending life in prison. The charge of second-degree manslaughter was dropped following two unsuccessful attempts by the jury to reach a unanimous verdict. The jury will now consider the lesser charge of criminally negligent homicide when court deliberations resume on Monday.
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