– The judge has just dismissed count 1, which is the manslaughter in the second degree charge. But he’s allowing the second charge to be considered, via Jonathan Turley:
So now the judge has dismissed the first count on second-degree manslaughter and is allowing the jury to consider the second count after the weekend. This is precisely what Bragg was hoping for in setting up a possible compromise verdict…
— Jonathan Turley (@JonathanTurley) December 6, 2024
…With the Allen charge, the prosecutors hoped to pressure the jury into voting on the low standard of criminal negligence. 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…
— Jonathan Turley (@JonathanTurley) December 6, 2024
…I am still hopeful that there will be holdouts on the lesser offense. That would leave this as a hung jury, though the treatment of Penny will leave chilling message for New York thinking of protecting others in New York…
— Jonathan Turley (@JonathanTurley) December 6, 2024
…Bragg often seems to be driven more by cable news than the criminal code. He has made clear that citizens acting to protect others can expect little support from his office.
— Jonathan Turley (@JonathanTurley) December 6, 2024
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Another note has been sent to the judge from the jury saying they cannot come to a unanimous decision on the bigger charge of manslaughter in the second degree, meaning the jury is hung on that charge.
Here’s the latest via Martha McCallum on Fox News:
Incredible things happening in Manhattan.
Jury is hung. They just told the judge they cannot reach a verdict on the manslaughter charge for the second time this afternoon. pic.twitter.com/AvV7FaOTy3
— johnny maga (@_johnnymaga) December 6, 2024
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Here’s what this means, via Jonathan Turley:
There is a new note from the Penny jury saying that they are still deadlocked on the first and most serious charge. The court will now have to decided whether it will allow the jury to consider count two and criminal negligence…
— Jonathan Turley (@JonathanTurley) December 6, 2024
…It suggests that they cannot find that Penny was reckless and consciously disregarded a substantial and unjustifiable risk. Bragg wants to allow for a compromise verdict on the second charge to allow them to convict on criminal negligent homicide and “blameworthy conduct.”
— Jonathan Turley (@JonathanTurley) December 6, 2024
…Bragg could seek to drop the first charge and leave only the second charge for the jury. That would materially alter the case, but fits his compromise verdict strategy. Keep in mind that the lesser offense can still come with a four-year sentence.
— Jonathan Turley (@JonathanTurley) December 6, 2024
It would be abominable for the judge to allow this compromise verdict. It is not what Penny deserves because he’s a hero for the people in New York City because what he did was in self defense and the defense of the people on the subway.
I hope the jury ultimately finds not guilty on the second verdict if the judge allows it.
