The Judge in the Daniel Penny Case Is Trying to Rig a Guilty Verdict

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It was a dramatic day in New York City on Friday as the jury in the Daniel Penny case came back deadlocked multiple times. While that would normally lead to a mistrial and Penny going free, the judge in the case decided to set what appears to be a new precedent, and it’s rightfully leading to outrage.

As RedState reported, at the prosecution’s request, count one (second-degree manslaughter) was dismissed, with the judge ordering the jury to be sent back to deliberate on count two (negligent homicide). 

UPDATE: Judge in Penny Case Dismisses Top Charge, Second Charge Still in Play 

Judge Wiley: I’ll take a chance and grant the People’s application. I’m going to let them go to return and consider Count 2 on Monday. Bring them in.
Jury entering!
Judge: Manslaughter in the 2d degree is dismissed. You are free to consider Count 2- on Monday

— Inner City Press (@innercitypress) December 6, 2024

Yes, that is a judge saying he will “take a chance” with having no precedent (with a man’s life hanging in the balance) in what appears to be an attempt to coerce a guilty verdict out of the jury. For context, the original jury instructions stated that they must reach a verdict on count one before they can deliberate on count two. A dismissal is not an acquittal, something that the prosecution openly stated. 

In other words, this appears to be an end-run around the law by redefining terms, something New York City judges are no stranger to. Remember, this is all happening in Manhattan DA Alvin Bragg’s jurisdiction. 

I’m sorry, but I am finding it hard to believe this is proper. The jury has twice now said they are deadlocked. That’s a hung jury on that count.
The judge is effectively dismissing it (but can he?) so they can consider C2.
I can’t find a single case supporting this approach. https://t.co/gIAyslAkvf

— LB (@beyondreasdoubt) December 6, 2024

Penny faces up to four years in prison if he’s convicted on the second charge, and given Judge Maxwell Wiley’s behavior so far, you can bet he’ll try to hit the upper end of that range. He is clearly more concerned with appeasing the lunatics protesting outside the courthouse than upholding any standard of fairness in the justice system. 

If this stands, it will serve as an incentive for prosecutors to over-charge, knowing that if the jury deadlocks, they can simply back up to the next charge to try to try to get a guilty plea. It’s as if they get a “do-over” after failing to convict without having to retry the case. Bragg wants a scalp, and he doesn’t care which charge he gets it on. That’s not how this should work. The original jury instructions should have been honored, and a mistrial should have been declared. 

Would that have left Penny open to being prosecuted again if Bragg was vindictive enough? Perhaps, but that was the proper course of action under the law instead of this attempt to get a “compromise verdict” by inventing new rules and winking and nodding at the jury.

As of now, this entire thing seems to be rigged against Penny, with the judge and prosecution working hand-in-glove, and that’s a travesty for him and whatever public trust was left in the justice system. These judges and prosecutors are out of control.

Penny’s last hope is that the jury deadlocks on the second charge as well and that justice prevails here despite the machinations of the “justice system.” Deliberations will continue on Monday, which means an entire weekend of possible pressure being applied. How convenient for the judge and prosecution, right?