Daniel Penny Jury cannot reach a verdict on Count One – Manslaughter

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MISTRIAL? The judge in the Daniel Penny trial revealed that
the jury sent a note indicating they were unable to reach a
unanimous verdict on Count One. Penny’s lawyer, Thomas
Kenniff, argued that if this were the case, the jury should
not proceed to Count Two. The judge responded by stating he
would issue an Allen charge to urge the jury to reach a
consensus on Count One, while Assistant District Attorney
Dafna Yoran countered that the jury should move on to Count
Two. The judge then indicated his intent to pressure the jury
for a verdict on Count One and asked Yoran if she needed time,
to which she replied that she had to consult District Attorney
Alvin Bragg. All signs suggest the case may be headed for a
mistrial.

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The jury is considering two counts – second degree manslaughter and criminally negligent homicide.

 

Testimony from the prosecution’s key witness, Dr. Cynthia Harris, with the Office of the City Medical Examiner…

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“Although Neely had synthetic drugs in his system that she likened to cocaine, she said she did not wait for the toxicology report to declare his cause and manner of death and was adamant that he died of asphyxiation, not cardiac arrest. He still had a pulse when Penny let go.”

“There was no damage to bones in his chin, neck or midline structures, she said. She found scrapes and bruises on his face, neck, torso and arms, petechiae (small red spots caused by bleeding) in his eyes and organ damage from his sickle cell trait.”

https://www.foxnews.com/us/daniel-penny-defense-moves-mistrial-again-after-prosecution-witness-brings-up-stricken-subject

h/t jlee2027