Jury deadlocked in Daniel Penny trial; judge to decide how to move forward

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Jury deadlocked in Daniel Penny trial; judge to decide how to move forward
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The judge is determining how to move forward and is deciding whether to give the jury an Allen charge.

The jury in the Daniel Penny trial informed the judge that they are unable to reach a unanimous verdict on the first charge of second-degree manslaughter.The defense has emphasized that the jury cannot deliberate on the second charge without resolving the first, as Penny cannot be convicted of both."It would be a crazy result to have a hung jury because they can't move onto the second count," prosecutor Dafna Yoran was heard telling the judge.

Prosecutor Dafna Yoran told jurors at the start of summations Monday that Daniel Penny used too much force for too long on Neely, holding him a chokehold for nearly six minutes. Prosecutors argued that he could have released Neely after passengers stepped off the train at the station, once he was no longer a threat to others.Defense lawyer Steven Raiser says Penny acted to save subway riders from threatening behavior.

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