The Daniel Penny jury has announced it cannot reach a unanimous verdict on the most significant charge he is facing.
The jury today told the judge that they cannot reach agree on whether Penny is guilty of second degree manslaughter.
They are yet to reveal where they stand on the second charge – criminally negligent homicide.
Penny faces 15 years if convicted of the most serious count.
The judge ordered them to return to deliberations, ruling they cannot move on to the second charge of criminally negligent homicide until they have acquitted Penny of manslaughter.
The prosecution wants protested against the decision, asking the judge to allow the jurors to move on without reaching a verdict on the most serious charge.
‘It would be a crazy result to have a hung jury just because they’re not allowed to move on to the second count,’ Assistant District Attorney Yoran argued.
Daniel Penny arriving in court on Friday
The prosecutors are determined to land a conviction of either of the charges, so much so that reps from the Manhattan District Attorney’s office has been contacting journalists reporting on case to try to influence coverage of the proceedings.
The 26-year-old Marine veteran is accused of manslaughter and negligent homicide following the May 2023 death of 30-year-old Michael Jackson impersonator Jordan Neely.
Neely was behaving erratically on the subway and threatening passengers when Penny put him in a chokehold which prosecutors say went ‘too far’ and ultimately killed Neely, who was homeless and mentally ill.
If convicted, he faces up to 15 years in prison.
Under a barrage of public criticism for bringing charges, the prosecutors in Alvin Bragg’s office have been on a mission to remind the jury that Penny may not get any prison time at all, even if he is found guilty.
That’s down to the fact there is no minimum sentence for two of the charges he is facing.
The DA’s office has been contacting news outlets, including Daily Mail, requesting for that fact to be pushed to the forefront of coverage.
Penny’s lawyers say it’s the latest desperate attempt to get the jury to convict him, on the notion that they will be more inclined to do so if they know he won’t rot in prison for years.
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Penny held Neely in a chokehold on the subway car floor while others assisted on May 1, 2023
‘The District Attorney’s efforts to have the jury speculate as to a potential sentence are both improper and misleading.’
‘While it is technically true that these charges do not carry a mandatory minimum, that is the case with most felonies in New York.
‘It is equally true that the maximum sentence is 15 years in state prison.’
Lawyer Danielle Iredale said the DA’s message effectively tells jurors that they don’t have to be concerned about Penny’s fate if convicted, because he may not ever serve a day in jail regardless.
‘Defense lawyers are barred from mentioning potential sentences at trial — the reasoning being that it would be an attempt to seek sympathy from jurors who then may reach a verdict based on something other than the facts, in other words, ‘He may be guilty, but 10 years is too much time,’ she said.
‘There is a hypocrisy to the DA’s messaging. In attempting to publish the fact that there is no statutory mandatory minimum sentence, they are essentially saying, ”It’s OK to convict, he may not go to the jail!”
Jurors are still deliberating as of Friday morning. They have sent several notes back into the courtroom asking for clarification about key details of the trial.
Tellingly, they have asked the judge to repeat his instructions relating to the ‘justification’ defense.
When he handed down jury instructions on Tuesday afternoon, Justice Wiley made a concerted effort to detail how justification works in a case like this.
District Attorney Alvin Bragg’s office had been contacting media outlets telling them to include in their stories that Penny’s charges do not carry a minimum sentence, Kenniff claimed in court
Assistant District Attorney Dafna Yoran repeated the possibility that Penny may not get prison time if he’s found guilty. The DA’s office has been asking journalists to update their stories throughout the trial to reflect that fact
