Top lawyer slams Daniel Penny decide for ‘miscarriage of justice’ over shock courtroom transfer: dwell trial updates

A criminal defense attorney has blasted the move by Judge Maxwell Wiley to dismiss the manslaughter charge against Daniel Penny as being a ‘miscarriage of justice’.

New York based lawyer Jonna Spilbor told DailyMail.com that the legal move had robbed Penny of having a chance of being exonerated.

She said: ‘The judge’s decision to let prosecutors dismiss the manslaughter charge and force the jury to deliberate on criminal negligence after a deadlock is a blatant miscarriage of justice.

‘It effectively takes an acquittal off the table, robbing Daniel Penny of a fair shot at being fully exonerated.

‘A hung jury means the prosecution failed to meet its burden of proof on the top count. And here, the jury was specifically instructed it was only permitted to find Penny guilty of one or the other, if at all.

Spilbor continued: ‘This isn’t justice—it’s a tactical maneuver that undermines the jury’s role and the principle of reasonable doubt.

‘Justice is about fairness, not helping prosecutors save face after a failed case, a case that never should have been brought at all.

‘If Penny is convicted of anything, the “city that never sleeps” will quickly become a city of sitting ducks.’

Criminally negligent homicide carries punishments ranging from probation to up to four years in prison.

It involves engaging in serious ‘blameworthy conduct’ while not perceiving such a risk.

He is seen arriving in court below on Friday.

‘I’ll take a chance and grant the people’s application,’ Judge Wiley said after the prosecution asked to dismiss the manslaughter charge against Penny because jurors could not agree on a verdict.

The judge added:’Normally the distinction between the two counts is very clear. The justification adds another element to it which is at play here.’

Jurors would now have to deliberate on the second charge against the veteran – negligent homicide, which has punishment up to four years.

Penny’s lawyer had opposed the prosecution motion, saying ‘This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion.’

The judge told the jury: ‘Manslaughter is dismissed.

‘What that means is you’re now free to consider count two. Whether that makes any difference or not I have no idea. I’ll direct you to focus deliberations on count two. You’ll render verdict on that one. Count one is no longer for your consideration.’

The district attorney’s office succesfully made the rare request to dismiss the manslaughter charge for a chance at convicting Penny on negligent homicide.

The prosecutors are determined to land a conviction of either of the charges, so much so that reps from the Manhattan District Attorney’s office has been contacting journalists reporting on case to try to influence coverage of the proceedings.

‘They picked a white supremacist jury specialist to target the racists in that jury…the defense was eliminating people based on race,’ claimed the relative.

The jury in Penny’s trial has four people of color in it.

The black-and-white signs displayed the words ‘A MAN WAS LYNCHED HERE’ along with Neely’s name, as they replaced previous ads on the train.

Assistant Manhattan DA Dafna Yoran has asked jurors to convict the marine veteran of manslaughter over the subway chokehold death of Jordan Neely, despite previously pushing for ‘restorative justice’ for criminals.

The jury has been sent home for the week.

They are expected to continue deliberating on the charge of negligent homicide on Monday.

Neely, 30, was a famous Michael Jackson impersonator and often seen across the city dancing in a red Thriller leather jacket and the popstar’s quintessential loafers.

According to his family, he suffered from autism and schizophrenia and was permanently scarred by the murder of his mother, Christine Neely, in 2007.

He was arrested 42 times in the last decade of his life.

Penny’s supporters are expressing outrage online that judge Willey allowed the prosecution’s request to drop the manslaughter charge.

The defense was asking for a new trial after jurors could not agree on count 1.

Manslaughter requires proving a defendant recklessly caused another person’s death, and carries up to 15 years.

Criminally negligent homicide, which carries punishments ranging from probation to up to four years in prison, involves engaging in serious ‘blameworthy conduct’ while not perceiving such a risk.

The jury could not come to an unanimous decision on whether Penny was guilty or not of manslaughter.

Assistant District Attorney Dafna Yoran has asked the judge to dismiss the manslaughter charge against Penny so the trial can go on delibarating on the second charge, of negligent homicide.

Penny’s lawyers have opposed the move, saying this would be ‘elbowing the jury, coercing them.’

Yoran is illustrated below in court on December 2.

The Manhattan jurors have been deliberating since Tuesday on whether to convict Daniel Penny in the death of Jordan Neely, who the Marine veteran held in a chokehold for about six minutes on a New York City subway on May 1, 2023.

The panelists sent Judge Maxwell Wiley a note in the morning stating they were unable to agree on a verdict on the manslaughter charge.

Wiley then read them what’s known as an Allen charge — an instruction urging them to make every possible effort to reach a verdict.

As he pressed the jurors to continue, Wiley commended them for being “very conscientious in your deliberations,” noting that it’s not uncommon to have difficulties in reaching a verdict.

The jury then came back again, saying they are unable to vote unanimously.

Among Penny’s supporters was New York City Mayor Eric Adams.

In a shock intervention this weekend, before the trial was reached, Adams spoke out to criticize the media for how they presented Neely.

He also praised Penny for his actions, and slammed the New York City systems that allowed Neely, who was mentally ill and violent, to walk free.

The jury cannot reach a verdict on the most important charge – second degree manslaughter.

Now, prosecutors have asked if they can dismiss the charge and have the jury focus solely on the lesser charge of criminally negligent homicide.

Penny’s lawyers are asking for a mistrial.

They say the prosecution’s request is a desperate last-ditch effort to get any charges to stick.

Penny, a star Lacrosse player in high school, grew up in West Islip in southern Long Island with his three sisters and parents.

Those who knew him have described a good kid who was always eager to help those around him.

Penny’s military service, which included two deployments, earned him various ribbons and awards, and he reached the rank of sergeant before leaving active duty in 2021.

Assistant District Attorney Dafna Yoran on Tuesday displayed a graphic photo of inside Neely’s eye, taken during an autopsy after his death, which shocked the room.

The image was blasted across four screens – two facing the jury, a third facing the viewing gallery and a fourth directly in front of the defendant.

Meanwhile Penny’s lawyer tore into the prosecution after journalists were peppered with emails from the DA’s office ordering them to include certain details in their stories.

In his closing arguments defense attorney Steven Raiser pointed out no expert witness during the trial could prove key elements beyond reasonable doubt.

Neely’s death on the subway car last spring sparked racial tensions in the Big Apple as groups such as Black Lives Matter sought to paint Penny as an overzealous, white ex-Marine targeting an innocent black man.

However, the national attention on the trial has also seen many conservatives question why Penny was even charged.

Penny was charged with manslaughter and criminally negligent homicide. He faces up to 15 years in prison.