Judge’s order for jury to consider manslaughter in Daniel Penny case was ‘wrong’
Fox News legal commentator Greg Jarrett weighed in with his thoughts on Judge Maxwell Wiley – the judge in the controversial trial of Marine veteran Daniel Penny – dismissing the manslaughter charge against Penny.
“It was inappropriate for Alvin Bragg’s prosecutors to suddenly decide to try to drop a felony count of first-degree murder after spending eight weeks telling the jury that Penny was guilty, so the judge let him get away with it, and it was inappropriate,” Jarrett shared on “Fox & Friends.”
Judge Maxwell Wiley agreed to a request by prosecutors on Friday to drop the most serious charge, that of involuntary manslaughter, after jurors twice told the court they were deadlocked on the issue.
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Some legal commentators argued that the dismissal of the judge would help Manhattan District Attorney Alvin Bragg “strong arm” the judge in deciding the verdict against Penny.
“Now, the judge is telling the judge, ‘forget the law. Forget what I told you,'” Jarrett said of the judge’s decision to dismiss.
Jarrett then said the judge’s decision in the case, “also violated the New York procedural law that prohibits dismissal at this late stage of negotiations unless both parties agree.”
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“The opposition disagreed,” said Jarrett, and he also predicted that, “If there is a case, it will be overturned on appeal.”
“It doesn’t make sense,” Jarrett said of the judge’s dismissal. “It’s confusing. It’s hard to understand.”
Penny gained national attention after putting mentally ill man Jordan Neely in custody on May 1, 2023. Neely had gotten into a subway car at the time. high drugsthreatening to kill passengers during a mental breakdown, according to trial testimony.
Fox News’ Michael Ruiz and CB Cotton contributed to this report.
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