Manhattan DA Faces Backlash Over Penny Case Tactics

Manhattan District Attorney Alvin Bragg is under fire for his handling of the Daniel Penny trial, with critics accusing him of using questionable tactics to secure a conviction. The case involves the death of Jordan Neely, who Penny restrained on a subway after Neely allegedly threatened passengers.

The judge dismissed a manslaughter charge against Penny following a jury deadlock, leaving a lesser charge of criminally negligent homicide. Former US Assistant Attorney Andy McCarthy criticized Bragg’s office for overcharging Penny, claiming the recklessness charge was unsupported by evidence. “It was added to give the jury something to compromise on,” McCarthy said.

McCarthy also criticized the judge’s decision to drop the manslaughter charge, calling it an effort to force jurors into a decision. “They’ve been pushed despite days of being deadlocked,” he said in a Fox News interview.

The trial revealed contrasting interpretations of Penny’s actions. Prosecutors argued that Penny’s use of a chokehold on Neely was excessive, while the defense maintained he acted to protect others from an immediate threat.

Evidence presented during the trial suggested Penny tried to ensure Neely could breathe and fully cooperated with authorities after the incident. McCarthy emphasized that Penny’s intent was not to harm but to subdue Neely.

A mistrial could occur if the jury cannot reach a decision on the remaining charge, with the potential for the case to be retried. Critics have questioned the fairness of Bragg’s approach, suggesting it could set a troubling precedent for future cases.

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