Was this in violation of some rule or standard or is it just an outside of the box strategy by the prosecutors?

Yes.  To allow this would be to allow prosecutors to pile on severe charges they know they might not win and then throw them away during jury deliberation when it appears a mistrial is about to occur.

But, i'm not a lawyer.  You should listen to this lawyer:

Yes.  To allow this would be to allow prosecutors to pile on severe charges they know they might not win and then throw them away during jury deliberation when it appears a mistrial is about to occur.

But, i'm not a lawyer.  You should listen to this lawyer:

seems like NYC specializes in "mockery & sham" trials.  and New Yorkers seem to be proud of it.

seems like NYC specializes in "mockery & sham" trials.  and New Yorkers seem to be proud of it.

I think most New Yorkers have the age old attitude of "I don't want to get involved!"   If Trump, Penny or anyone else is getting screwed by the system, they don't give a flip, because it doesn't involve them personally.

Verdict in. NOT GUILTY.

yasssss!!!!!

Verdict in. NOT GUILTY.

Da crazy guy faddah already filed a lawsuit.  Maybe NY can give him $2M to make him go away.  Follow HI example.

Good to see.  Amazed it was a unanimous ruling though, figured there'd be some politically motivated people that would screw it up.  People are that fed up with crime NY.

It was either self defense or there was reasonable doubt the choke was used or for how long since the autopsy report didn't state injuries, the witnesses, and Neely's mental and physical state.

He's also lucky that he had a sizable GFM to help pay his lawyer bills.

Da crazy guy faddah already filed a lawsuit.  Maybe NY can give him $2M to make him go away.  Follow HI example.

"NY" won't give them a penny (pun intended  ).  A lawsuit would be against Daniel Penny.

Penny's GiveSendGo campaign has raised $3,306,411. 

Funds are being raised to pay Mr. Penny’s legal fees incurred the
criminal charges filed and any future civil lawsuits that may arise, as
well as expenses related to his defense.

it appears they fully anticipated civil actions after the criminal case. 

Being that he's been found not guilty criminally, it helps his defense against civil action even though the standard of proof is lower for civil trials.  A guilty verdict would have given Neely's family a slam dunk.

Curious how he was acquitted by the same jury that had at least one person believing he was guilty of manslaughter.

So, what went on in that jury room?  Today they voted unanimously to acquit Penny on the lesser charge of criminally negligent homicide.

Hmmmm.  Seems like more going on than a preponderance of the evidence. 

It would be interesting to learn why the person/people who voted guilty on the first count changed their minds after the prosecution had the first count dismissed? 

Maybe they interpreted that as the prosecution wanting to get a verdict on count 2 two avoid a mistrial -- that they believe the prosecution couldn't win on the merits if they retried the case?

Maybe they saw that as a sign the prosecution knew he was not guilty of Manslaughter? 

In a normal trial, the prosecution would not drop, or be allowed by the judge to drop, the first of 2 counts without having reached a plea deal with the defendant.  Once the jury is deliberating, it's rare that the prosecution makes any changes to their case unless they hammer out a plea deal to ensure a conviction.

Once the jury was deemed deadlocked and a mistrial declared, the prosecution may offer a plea deal to avoid having to retry the case.  Different jury, more time has passed, defense has more time to prepare including finding more witnesses in their favor, etc. -- it can all work against a conviction.  They will try to use the mistrial and possible refiling to urge the defendant to put the matter behind them rather than spend their lives and money on further litigation and possible appeals.

I also have to ask, did the jury resent the prosecution for withdrawing the top charge in an effort to game the system and ensure a conviction?  Maybe that flipped the guilty votes to not guilty -- so as to not reward the state's bad behavior?

This is a strange trial.  Good ending to a court battle that should have never gone to trial.   

Yes.  To allow this would be to allow prosecutors to pile on severe charges they know they might not win and then throw them away during jury deliberation when it appears a mistrial is about to occur.

But, i'm not a lawyer.  You should listen to this lawyer:

Thanks, i'll give it a listen. Usually I follow these types of cases closely but I am just learning about this one now.

Thanks, i'll give it a listen. Usually I follow these types of cases closely but I am just learning about this one now.

The altercation happened on May 1, 2023 on a NY Subway. 

On May 11, 2023, Penny was charged with second-degree manslaughter
and was released on bond. He was formally indicted by a grand jury the
next month, with an additional lesser charge of criminally negligent homicide
added a few weeks later. Penny pleaded not guilty to both charges,
under which he faced up to 15 years in prison. Two men shown in
Vázquez's video helping Penny to restrain Neely were not charged.
Penny's trial began in October 2024 and concluded in December 2024.

https://en.wikipedia.org/wiki/Killing_of_Jordan_Neely

Maybe you should catch up by reading this thread,  lots of good info on the linked articles and videos.

Just skip past the derailment section.  You'll know it when you see it. 

https://2ahawaii.com/index.php?topic=49828.0

Thanks, i'll give it a listen. Usually I follow these types of cases closely but I am just learning about this one now.

1 factor that isn't mentioned much is that this took place where 9/11 took place. So when someones yelling "i'm going to take you all with me", a reasonable person would assume suicide bomber or highjacker, etc...

1 factor that isn't mentioned much is that this took place where 9/11 took place. So when someones yelling "i'm going to take you all with me", a reasonable person would assume suicide bomber or highjacker, etc...

Even a deranged-sounding man with a knife or lead pipe could kill or severely injure a lot of people in a closed space if nobody fights back out of fear of being wrung through the NY legal system.

Not many people hijack a subway train, but with the whack jobs and drug abusers in big cities, you never know.

A lot of suicidal people opt for suicide by Cop, which means they won't be timid about taking others down with them.

Many scenarios, but luckily this one ended with only the threat being taken down and without gunfire erupting on a crowded subway train and platform. 

Now if the voters there can stop the threat that is the NYC prosecutor's office.

Daniel Penny's defense lawyers are considering filing a Malicious Prosecution Lawsuit against NYC DA Alvin Bragg and others who decided to press charges and take Penny to trial.

One fact that is in Penny's favor: there was another man who assisted Penny in holding Neely down as they waited for police to arrive.  That man was not charged at all.  The man, 39 yo Eric Gonzalez, testified in the Penny trial under a non-prosecution agreement with the Manhattan District Attorney's Office.

Gonzalez lied to the police on day one, saying Neely hit him in order to justify his and Penny's actions.  He claimed he arrived on scene earlier that was actual, and he admitted lying because he was afraid of having Neely's death pinned on him.

All that lying, but he gets a non-prosecution agreement to testify -- as an admitted liar -- while Penny gets railroaded.

*********
Gonzalez is the one in the black coat and ball cap.  I'll leave any deductions about why he was essentially given immunity to you.

Not white.  Popolo.

Das why.

Daniel Penny's defense lawyers are considering filing a Malicious Prosecution Lawsuit against NYC DA Alvin Bragg and others who decided to press charges and take Penny to trial.

One fact that is in Penny's favor: there was another man who assisted Penny in holding Neely down as they waited for police to arrive.  That man was not charged at all.  The man, 39 yo Eric Gonzalez, testified in the Penny trial under a non-prosecution agreement with the Manhattan District Attorney's Office.

Gonzalez lied to the police on day one, saying Neely hit him in order to justify his and Penny's actions.  He claimed he arrived on scene earlier that was actual, and he admitted lying because he was afraid of having Neely's death pinned on him.

All that lying, but he gets a non-prosecution agreement to testify -- as an admitted liar -- while Penny gets railroaded.

*********
Gonzalez is the one in the black coat and ball cap.  I'll leave any deductions about why he was essentially given immunity to you.

I think the most likely case is that Bragg thought needed Eric to testify in order to win against Penny. Either way, offering a non-prosecution agreement to one party is not enough to prove malicious prosecution, I think Penny's attorneys face an uphill battle on this one.

I think the most likely case is that Bragg thought needed Eric to testify in order to win against Penny. Either way, offering a non-prosecution agreement to one party is not enough to prove malicious prosecution, I think Penny's attorneys face an uphill battle on this one.

SWWOOOOOOSSSSHHHHHHHHHHH X1000ft.

Rumor is Pete is inviting Perry to the Army/Navy football game.

IDK if Trump will be there. But would be interesting to see a president elect and if he switches sides as the POTUS traditionally does.  Either your for Army or Navy, but POTUS is for both.