A local criminal defense attorney has predicted that a hung jury is possible in the trial of Daniel Penny, who is facing charges related to the 2017 disappearance and murder of 19-year-old Abby Zwerner.
Penny is accused of abducting Zwerner from a grocery store parking lot in Orange Park, and is currently facing charges of kidnapping with a deadly weapon, which carries a potential life sentence. However, Penny has pleaded not guilty to the charges and is instead being tried on a lesser charge of kidnapping.
In an interview with a local news outlet, attorney Richard Chess, who has no direct involvement in the case, expressed his opinion that the prosecution’s case is stronger than the defense’s. He believes that the jury may have a difficult time convicting Penny of the lesser charge, and that a hung jury is possible.
Chess cited several reasons for his prediction, including the lack of physical evidence linking Penny to the crime, and the fact that the only eyewitness testimony comes from Zwerner’s family members, who were unable to identify Penny in court.
“I think the prosecution has a strong case, but I also think that the defense has raised some significant issues,” Chess said. “The lack of physical evidence is a problem for the prosecution, and the eyewitness testimony is weak. I think the jury is going to have a tough time coming to a consensus.”
Chess also noted that the jury may be hesitant to convict Penny on the lesser charge, citing the possibility that he could still face life in prison even if he is acquitted of the kidnapping with a deadly weapon charge.
“A hung jury is definitely a possibility in this case,” Chess said. “The jury may be unwilling to convict Penny on the lesser charge, and instead opt for a hung jury rather than risking the possibility of a lengthy prison sentence.”
The trial is expected to continue this week, with closing arguments scheduled for later today.