Fox News legal analyst Gregg Jarrett and Harvard professor emeritus Alan Dershowitz expressed concerns about the handling of the trial of Daniel Penny, accused of using a chokehold that resulted in the death of 30-year-old Neely on a New York City subway. After the prosecution’s motion to dismiss the most serious charge of second-degree manslaughter was granted, Jarrett argued that the judge’s decision created “reversible error” that could be overturned on appeal if Penny is convicted on the lesser charge of criminally negligent homicide. Dershowitz speculated that the jury was likely deadlocked due to preconceived notions of guilt.
The defense claimed to be “cautiously optimistic” that the remaining count will be dismissed by the jury on Monday, allowing them to pivot to the civil case. Penny was originally charged with second-degree manslaughter, but the charge was dropped after the jury failed to reach a unanimous verdict. Jurors will now weigh the lesser charge of criminally negligent homicide.
