Alvin Bragg, who must be the worst DA in US history, tried shady tactics to convict an American hero.
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However, after jurors reported being deadlocked multiple times, Assistant Manhattan District Attorney Dafna Yoran successfully requested the dismissal of the top charge.
This move now allows the jury to focus solely on the lesser charge, which carries a maximum sentence of four years.
McCarthy expressed frustration with this development, stating on Fox News, '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 also criticized the prosecution in National Review, arguing that the case lacked the elements needed for a recklessness charge.
'This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death,' he wrote.
Jurors have been deliberating since Tuesday on whether to convict Penny over Neely's death.
If the jury still cannot reach a unanimous decision there is a risk that the case will fall apart and be declared a mistrial. If that happens, it will then be up to the prosecution to retry the case in front of a new jury.
Even after the shady tactics, the jury comes back and acquits Daniel Penny on the lesser charge.
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"The NYPD Officers who initially interviewed Daniel Penny and declined to arrest him got it right," she told Fox News Digital. :The Manhattan jury who heard all the evidence, deliberated and returned a verdict of not guilty got it right. The New Yorkers and their fellow Americans who were rooting for Daniel Penny as a hero and understood he should never have been charged in the first place got it right. The only person who got this wrong was Alvin Bragg. DA Bragg has pursued a reckless ideological agenda since his first day in office. Manhattan deserves a district attorney who will defend all New Yorkers, apply the law fairly and make Daniel Penny's heroism unnecessary by cleaning up the subways and streets of New York City."
Does any of the usual progressive opinion on this forum still want to make the case that Alvin Bragg is an honorable DA?
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Alvin Bragg trying to 'strong-arm' Daniel Penny jury into deciding on negligent homicide: Andy McCarthy
Manhattan DA Alvin Bragg is trying to "strong-arm" the jury into convicting Daniel Penny on a lesser charge in the subway chokehold case, Andy McCarthy argues.
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Lawyer slams Manhattan DA for trying to 'strong-arm' Daniel Penny jury
DA Alvin Bragg faces criticism for 'strong-arm' tactics in the Daniel Penny trial after a manslaughter charge was dismissed. The jury can now focus on a lesser count of criminally negligent homicide.
However, after jurors reported being deadlocked multiple times, Assistant Manhattan District Attorney Dafna Yoran successfully requested the dismissal of the top charge.
This move now allows the jury to focus solely on the lesser charge, which carries a maximum sentence of four years.
McCarthy expressed frustration with this development, stating on Fox News, '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 also criticized the prosecution in National Review, arguing that the case lacked the elements needed for a recklessness charge.
'This was not remotely a recklessness case, where it could be said that Penny wantonly disregarded an obvious risk of death,' he wrote.
Jurors have been deliberating since Tuesday on whether to convict Penny over Neely's death.
If the jury still cannot reach a unanimous decision there is a risk that the case will fall apart and be declared a mistrial. If that happens, it will then be up to the prosecution to retry the case in front of a new jury.
Even after the shady tactics, the jury comes back and acquits Daniel Penny on the lesser charge.
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Daniel Penny found not guilty in subway chokehold trial
A Manhattan jury has reached its verdict in the Daniel Penny's trial in the death of Jordan Neely, who died after a May 2023 subway chokehold.
"The NYPD Officers who initially interviewed Daniel Penny and declined to arrest him got it right," she told Fox News Digital. :The Manhattan jury who heard all the evidence, deliberated and returned a verdict of not guilty got it right. The New Yorkers and their fellow Americans who were rooting for Daniel Penny as a hero and understood he should never have been charged in the first place got it right. The only person who got this wrong was Alvin Bragg. DA Bragg has pursued a reckless ideological agenda since his first day in office. Manhattan deserves a district attorney who will defend all New Yorkers, apply the law fairly and make Daniel Penny's heroism unnecessary by cleaning up the subways and streets of New York City."
Does any of the usual progressive opinion on this forum still want to make the case that Alvin Bragg is an honorable DA?