Daniel Penny ‘overcharged’ by prosecution in ‘patently unfair’ transfer, legal professional argues: ‘Miscarriage of justice’

Attorney Brian Claypool accused the prosecution of deliberately “overcharging” Marine veteran Daniel Penny within the Jordan Neely subway chokehold case, realizing the transfer would boil all the way down to the jury weighing on the “easier-to-prove” lesser cost. 

The choose within the high-profile case granted the prosecution’s movement to dismiss the highest cost of second-degree manslaughter earlier than the jury broke for the weekend, leaving them to weigh the lesser cost of criminally negligent murder when courtroom deliberations resume on Monday.

Jurors failed to achieve a unanimous settlement twice, prompting the dismissal.

“I believed when this case began that this prosecutor overcharged Daniel Penny. This by no means was a second-degree manslaughter case; that requires Penny to mean to hurt Jordan Neely. That requires proof that Penny knew and had affordable perception to know that Jordan Neely was going to die due to this chokehold and nonetheless did it,” Claypool stated.

“There’s no information to help that, so these prosecutors overcharged, realizing they’d by no means get a conviction on second-degree manslaughter, after which acquired what they wished. Then they get the choose to say, ‘Well, you possibly can’t agree on that one, however let’s go to the lesser cost, which is simpler to show.’ What that does is it induces jurors to throw up their arms after they have been deliberating three or 4 days and say, ‘OK, let’s simply get them on the lesser cost,’ so it is patently unfair, and that is a miscarriage of justice.”

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Penny’s protection stated in an announcement Friday that it’s “cautiously optimistic” that the remaining depend will likely be dismissed by the jury on Monday, permitting the “nightmare” to be put behind Penny.

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Jordan Neely is pictured earlier than going to see the Michael Jackson film, “This is It,” exterior the Regal Cinemas on eighth Ave. and forty second St. in Times Square, New York, in 2009.  (Andrew Savulich/New York Daily News/Tribune News Service by way of Getty Images)

“…[This would] enable us to concentrate on the civil lawsuit, filed two days in the past, for a similar allegations contained within the felony indictment,” the assertion continued.

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Penny is accused of utilizing a chokehold in opposition to 30-year-old Neely that resulted in his dying after Neely instructed passengers aboard a New York City subway that somebody was going to “die right this moment” and that he did not care about going to jail for all times.