The case in New York City against Daniel Penny is a shambolic and, arguably, unconstitutional mess. Based on the nexus of the facts and New York self-defense law, the case should never have been filed. The trial has been conducted along unconstitutional racial lines, and the judge, faced with a hung jury, did something that was definitely unprecedented and is arguably unconstitutional.
. . ."It's hard to know at this point whether the jury, having been relieved of the burden of manslaughter, will now become a hung jury as to the negligent homicide. Or will having a lesser charge assuage the conscience of the holdouts and see them agree to imprison Penny for only four, not 14 years? Will the screaming mobs they’ll see all weekend (despite the judge’s order that they put the case out of their minds) affect their decision now that they have an easier out? The jury is not protected and they are vulnerable, something that Judge Wiley finds acceptable.
"And if they are again a hung jury, will Alvin Bragg, a fanatic racialist, retry the negligent homicide case? We know that race is a motivating factor in the case because Dafna Yoran, the prosecuting attorney, relentlessly referred to him as “the white man,” both during questioning and in her closing argument. The judge should have granted the defense’s motion for a mistrial but, reliably, did not.
"As McCarthy says, this is disgraceful, but it’s also a dangerous precedent. A New York judge has abandoned even the pretense of impartial justice and has openly sided with the racist, baying mob."
John Dale Dunn MD JD is an emergency physician and attorney, both for more than 40 years who lives in Brownwood, Texas.
Daniel Penny acquitted in subway chokehold death of Jordan Neely as crowd breaks out in applause
'Mockery of Justice': Andrew McCarthy Blasts Trial of Subway Hero Daniel Penny, Calls It a Travesty . . ."Yet Wiley allowed Bragg's office to consistently refer to Penny as "the white man" and "the white defendant" in the trial.
"McCarthy described the injustice perfectly:
Whiteness is irrelevant, there being not a scintilla of proof that [Penny] was bigoted. Bragg’s approach is transparently jaded: appeal to any Manhattan progressives on the jury with a race-based ideological pitch that social justice demands finding Penny guilty.
"Ahh, "social justice." Social justice belongs on the trash heap of history, right next to DEI (diversity, equity, and inclusion).
"McCarthy described Bragg's second stratagem thusly:" . . . More here.
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