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During Friday’s broadcast of FNC’s “Hannity,” Harvard Law professor emeritus Alan Dershowitz predicted the New York City jury hearing the Daniel Penny case would remain deadlocked, possibly resulting in a loss for Manhattan District Attorney Alvin Bragg.
Dershowitz said such a loss, coupled with a loss in his prosecution against President-elect Donald Trump, would likely result in a lost reelection bid.
According to Dershowitz, Bragg was the “worst district attorney” in modern New York history.
“Professor Dershowitz, in this kind of a dynamic, when you’ve got even at one point, he told the jury that it would have to be another jury, if they couldn’t come to a decision there would be another trial and you know another jury would do their job,” fill-in host Tammy Bruce said. “But there’s no guarantee that there would be another trial, the DA could decide not to try it again. It seems again like there’s a kind of coercion that’s aimed at the jury at this point.”
“Well, I think it’s manipulation,” Dershowitz replied. “It’s manipulation by prosecution. Look, your commentator that protested was absolutely right. This is a case about racism. It’s about the racism by the district attorney. It’s racism because if the racial composition had been flipped, nobody would have brought this case. There’d be no protesters outside protesting about a Black man being convicted of murder for choking somebody who — who was white. This is all about race, which is why although this is an attempt to manipulate the jury into coming to a compromised verdict, I think it will fail.”
“I’m going to predict here and now that I think the jury will remain deadlocked on the lower count because as the judge pointed out, from what he’s heard and seen on the notes, this looks like it’s about disagreement between the jurors over two things, justification — was he justified in doing this and causation, did he actually cause the death?” he continued. “And those issues are the same for the higher count and for the lower count. Also, if it’s tried again, he can’t put him on trial again for the higher count. That would be double jeopardy. And so, I think the issue is whether or not the manipulation will work and we’ll get enough jurors to say — well, you know, no, he didn’t commit manslaughter but negligence — well, let’s give the prosecution a victory.”
“Remember, too, the prosecution is running for reelection and he can’t win reelection if he loses this case and also loses the Trump case which he will and appeal if the Trump is allowed to appeal,” Dershowitz added. “Look, Bragg is the worst district attorney in modern New York history. That’s an office that has had such great people. Thomas Dewey was the district attorney. Morgenthau was the district attorney. Hogan was the district attorney. These are great DAs and now we have Bragg? My God, he is lowering the office to the lowest possible level and diminishing the respect that all New Yorkers have for what was once a great office located in the Hogan building and it will never be called the Bragg building. I guarantee you that.”
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