The judge in the Daniel Penny trial ruled in favor of Manhattan District Attorney Alvin Bragg‘s motion to dismiss the first count, manslaughter in the second degree, despite noting that the State of New York discourages such actions as they can create compromise verdicts. This decision comes after jurors were deadlocked twice in one day over the case concerning the death of Jordan Neely, a homeless schizophrenic with a long arrest record who died on a New York City subway in 2023.
On Friday, jurors passed several notes to the court notifying Judge Maxwell Wiley that they were deadlocked on the count of manslaughter in the second degree. Penny’s justification defense is speculated to have played a significant factor in the deadlock. Following the second note, prosecutors moved to dismiss the count. However, Judge Wiley and Penny’s defense team both noted that it could be seen as materially altering the trial.
BAD NEWS FOR PENNY.
While the dismissal of the first and more serious charge removes a degree of Penny’s jeopardy, the removal of the count does expose him to a potential coercive guilty verdict on the second, lesser charge of criminally negligent homicide. In effect, Bragg’s prosecutors have removed Penny’s justification defense as a factor, as the second charge requires a far lower burden of proof. Additionally, the deadlocked jury suggests acquittal for Penny is likely off the table as at least one juror appears intent on a guilty verdict.
New York state does not bar compromise verdicts, though it does discourage the practice. A compromise verdict occurs when a jury becomes deadlocked on a charge and instead opts to convict on a lesser charge as a compromise between jurors who wish to convict and those who want to acquit (or believe the burden of proof was not met for the more serious charge).
The jury has been dismissed for the weekend and will continue deliberations on Monday.
