Judge Orders Weekend Break for Penny Jury After Dropping Key Charge – What’s the Real Reason?

More good news out of New York this afternoon. The trial judge in the Penny case has agreed to drop the manslaughter charge against the former marine after a hung jury could not reach a verdict. And all American patriots breathe a cautious sigh of relief.

In a surprising turn of events, the Manhattan judge on Friday agreed to dismiss the top charge against Daniel Penny in the subway chokehold death of Jordan Neely. Assistant District Attorney Dafna Yoran announced, “We move to dismiss the top count of manslaughter in the second degree,” which was swiftly signed off by the judge following the jury’s indication that they couldn’t come to a verdict on the manslaughter count.

This decision has left many questioning the prosecution’s strategy and the timing of the judge’s decision to dismiss the jury for the weekend. The manslaughter charge being dropped significantly reduces the likelihood of Penny facing conviction on any charge. Legal experts are puzzled as to why the jury is being sent home when the primary charge on which the case hinged has been dismissed.

Jonathan Turley, a noted legal scholar, commented, “With the Allen charge, the prosecutors hoped to pressure the jury into voting on the low standard of criminal negligence.” He expressed concerns that this move might be an attempt by DA Alvin Bragg to secure a compromise verdict under the guise of legal necessity. Turley further stated, “Outside of New York or a few other cities, this case would likely either have not been brought or would have collapsed quickly before the jury. Bragg often seems to be driven more by cable news than the criminal code.”

The weekend break for the jury is particularly contentious. Legal observers note that juries often render verdicts on Friday afternoons to avoid the inconvenience of returning after the weekend. This judicial maneuver can be seen as a subtle form of pressure, allowing time for external influences like media, family, and friends to sway jurors’ decisions.

The judge’s suggestion for jurors to think of something else over the weekend seems naive given the case’s high profile nature. With social media, television coverage, and public opinion swirling around such a pivotal case, it’s hard to imagine jurors being unaffected by outside influences.

The dismissal of the manslaughter charge leaves the lesser charge of criminally negligent homicide, which carries a maximum sentence of up to four years. However, with the primary charge dropped, the integrity of the remaining charges could be questioned. The prosecution’s next steps are uncertain, and the judge’s decision to send the jury home for two days only adds to the mystery.

As we await further developments, the question remains: What is the real reason behind this weekend break? Could it be a strategic move to sway the jury or an acknowledgment of the case’s weaknesses? We will keep you updated as this story unfolds.

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