XPost: alt.fan.rush-limbaugh, misc.legal, talk.politics.guns   
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   From: democrat-insurrection@mail.house.gov   
      
   https://nypost.com/2024/12/06/us-news/jurors-deadlocked-in-daniel-penny-   
   manslaughter-trial/   
      
   Jurors at Daniel Penny’s trial in the caught-on-camera subway chokehold   
   death of Jordan Neely said they were still struggling to reach a verdict   
   on the top charge of manslaughter Friday — even after a Manhattan judge   
   told them too go back and keep trying.   
      
   The 12-person panel first said at around 11 a.m. that they could not come   
   to a decision on the charge, and sent a second note to the court with a   
   similar message about three hours later.   
      
   “Resume your deliberations with an open mind,” Manhattan Supreme Court   
   Justice Maxwell Wiley told jurors after they sent the first note saying   
   they were having trouble reaching a consensus on whether to convict Penny,   
   26, of “recklessly” causing Neely’s death by placing him in a six-minute   
   chokehold in May 2023.   
      
   “I’m not asking any of you to violate your conscience,” Wiley said,   
   reading what’s known as an “Allen” charge, an often-used judge’s   
   instruction that urges jurors to reach a unanimous verdict.   
      
   “Be flexible. Be willing to change your position,” the judge added.   
      
   It was not immediately clear Friday whether the jury, if it fails to reach   
   a verdict on manslaughter, will consider the lesser count of criminally   
   negligent homicide.   
      
   Assistant District Attorney Dafna Yoran urged the judge to let the jury   
   consider the lower charge if it can’t come to an agreement on the   
   manslaughter rap, while Penny’s attorneys pushed for a mistrial.   
      
   “It would be a crazy result to have a hung jury just because they can’t   
   move on to the second count,” Yoran told the judge.   
      
   After being sent back into the jury room to keep deliberating, the panel   
   sent another note minutes later asking the judge to clarify the term   
   “reasonable person” — as they decide whether Penny, 26, was justified in   
   placing Neely, 30, in the chokehold.   
      
   To acquit him on justification grounds, the jury will have to decide that   
   if the Marine veteran used deadly physical force, it was necessary for him   
   to do so to defend himself and others on the subway — and whether a   
   “reasonable person” in Penny’s shoes would have acted the same way.   
      
   “Ultimately what a reasonable person is is up to you to decide,” the judge   
   said.   
      
   “Hope that helps,” he added, before sending them back to the jury room to   
   deliberate.   
      
   Jurors have been deliberating since early Tuesday afternoon.   
      
   Penny’s lawyers have said the Marine veteran and aspiring architect was   
   justified in protecting passengers from a man who witnesses said yelled,   
   “Someone’s going to die today!” and who said he was ready to go to jail   
   after boarding the uptown F train.   
      
   But prosecutors have stressed that no witness testified that Neely   
   threatened anyone specifically, touched anyone, or brandished a weapon.   
   Police later found only a muffin in his pocket.   
      
   Penny’s attorneys have also argued that there’s no proof beyond a   
   reasonable doubt that the chokehold is what caused his death.   
      
   The jury is weighing whether to convict Penny of second-degree   
   manslaughter for “recklessly” causing Neely’s death by keeping him in the   
   chokehold despite knowing that he might die after nearly all of the   
   frightened passengers had left the train car at the Broadway-Lafayette   
   station.   
      
   They could also convict him of the lesser charge of criminally negligent   
   homicide if they find that Penny failed to identify the risk that his   
   chokehold could kill the troubled homeless man, but that he should have   
   known that Neely could have died.   
      
   The panel could clear Penny entirely if it finds that the prosecutors have   
   not proven beyond a reasonable doubt that his actions were not justified.   
      
   Penny faces up to 15 years in prison if convicted on the manslaughter   
   charge, or up to four years behind bars if convicted on the less serious   
   count.   
      
      
   --   
   November 5, 2024 - Congratulations President Donald Trump.  We look   
   forward to America being great again.   
      
   The disease known as Kamala Harris has been effectively treated and   
   eradicated.   
      
   We live in a time where intelligent people are being silenced so that   
   stupid people won't be offended.   
      
   Durham Report: The FBI has an integrity problem.  It has none.   
      
   Thank you for cleaning up the disaster of the 2008-2017 Obama / Biden   
   fiasco, President Trump.   
      
   Under Barack Obama's leadership, the United States of America became the   
   The World According To Garp.  Obama sold out heterosexuals for Hollywood   
   queer liberal democrat donors.   
      
   --- SoupGate-DOS v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)