Alvin Bragg Accused Of Manipulating Jury In Daniel Penny Trial

Manhattan District Attorney Alvin Bragg faces criticism over his handling of the case involving Daniel Penny and the death of Jordan Neely. Former US Assistant Attorney Andy McCarthy has accused Bragg’s office of overcharging Penny to force a conviction.

After the jury deadlocked on the manslaughter charge, the judge dismissed it, leaving only a lesser charge of criminally negligent homicide. McCarthy argued that the manslaughter charge lacked sufficient evidence and was included to pressure the jury. “Adding a recklessness charge gave jurors a compromise option, increasing the chances of conviction,” he said.

McCarthy also spoke out against the prosecution’s approach, claiming the judge’s decision to remove the top charge after the jury’s failure to reach a verdict undermines the process. “Jurors were pushed to decide despite indicating a deadlock,” he said on Fox News.

The trial centered on whether Penny’s actions were reckless or negligent when he restrained Neely on a subway. Testimony revealed Neely had been acting erratically and threatening passengers before Penny intervened. Penny’s defense argued that his actions were aimed at protecting others and were not reckless.

McCarthy highlighted evidence that Penny attempted to ensure Neely could breathe and fully cooperated with law enforcement. “He wasn’t trying to harm Neely, just subdue him until police arrived,” McCarthy noted.

If the jury remains unable to decide, the case could result in a mistrial, giving prosecutors the option to retry Penny. Critics argue Bragg’s strategy raises questions about prosecutorial fairness in high-profile cases.

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