Daniel Penney was ‘overcharged’ by prosecution in ‘manifestly unfair’ move, lawyer claims


Attorney Brian Claypool accused the prosecution of deliberate “extortion” Marine veteran Daniel Penny in the Jordan Neely subway strangulation case, knowing that the move would result in the jury weighing a lesser, “easier to prove” charge.

The judge in the high-profile case granted the prosecution’s request to have the top charge of second-degree murder dismissed from the jury broke for the weekendleaving them to weigh the lesser charge of manslaughter when the bench resumes on Monday.

Jurors twice failed to reach unanimous agreement, leading to dismissal.

“I thought when this case started that this prosecutor went too far with Daniel Penney.” This was never a case of manslaughter; it requires that Penny intend to harm Jordan Neely. It requires proof that Penny knew and reasonably believed she knew Jordan Neely was going to die from this suffocation, and he did it anyway,” Claypool said.

“There are no facts to back it up, so these prosecutors went overboard, knowing they were never going to get a manslaughter conviction, and then they got what they wanted.” Then they get the judge to say, ‘Well, you can’t agree on that one, but let’s go with the lesser charge, which is easier to prove.’ What that does is it encourages jurors to throw up their hands after they’ve been deliberating for three or four days and say, ‘OK, let’s put them on a lesser charge,’ so it’s obviously unfair, and it’s a miscarriage of justice. “

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Daniel Penny arrives at the New York subway trial for the death of Jordan Neely

Daniel Penny arrives in Manhattan Supreme Court, Friday, Nov. 22, 2024. Penny, a Marine Corps veteran, is charged with second-degree manslaughter and manslaughter in the 2023 death of Jordan Neely on a New York City subway train. (Rashid Umar Abbasi for Fox News Digital)

Penny’s defense said in a statement Friday that it was “cautiously optimistic” that the jury would throw out the remaining count on Monday, allowing the “nightmare” to be put behind Penny.

THE DANIEL PENNY TRIAL: MEET THE JURORS WHO WILL DECIDE THE FATE OF MARINE VETERANS IN SUBWAY CHOKING CASE

Jordan Neely is pictured before leaving for a Michael Jackson movie

Jordan Neely is pictured before going to see the Michael Jackson movie, “This Is It,” outside the Regal Cinemas at 8th Avenue and 42nd Street in Times Square, New York in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

“…(This would) allow us to focus on the civil lawsuit, filed two days ago, for the same allegations contained in the criminal indictment,” the statement continued.

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Penny is accused of using a choke hold on 30-year-old Neely that led to his death after Neely told commuters on the New York subway that someone was “going to die today” and that he didn’t care about going to jail for his life.



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