Fox News legal analyst Gregg Jarrett suggested Daniel Penny's defense may have been given a 'partial victory' with the controversial dismissal of the most serious charge.
Fox News legal analyst Gregg Jarrett suggested Daniel Penny's defense may have been handed a 'partial victory' after Judge Wiley granted the prosecution's motion to dismiss the most serious charge of second-degree manslaughter on Friday. 'In , Judge Wiley created what looks like reversible error so that if the jury convicts on the lesser charge next week, it would be overturned on appeal.
The judge's only option was to declare a mistrial on the deadlocked jury and dismiss one charge during deliberations and then double down on the remaining charge. You can't do that. To me, it clearly violates Penny's due process rights.
allow us to focus on the civil lawsuit, filed two days ago, for the same allegations contained in the criminal indictment,' the statement continued. Penny is accused of using a chokehold against 30-year-old Neely that resulted in his death after Neely told passengers aboard a New York City subway that someone was going to 'die today' and that he didn't care about going to prison for life.
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