All hell broke loose when Alvin Bragg made this demand in court
Alvin Bragg continues to operate as a rogue prosecutor.
But Bragg keeps pushing the limit to see how much a judge will stomach.
And all hell broke loose when Alvin Bragg made this demand in court.
Daniel Penny is a 24-year-old marine and good Samaritan who heroically came to the aid of passengers of a New York City subway when lifelong criminal Jordan Neely – police had arrested him on 42 prior occasions – threatened the lives of other riders.
Penny placed Neely in a restraining hold because of his violent rhetoric and demeanor.
Neely later died.
Rather than laud Penny as a man who stepped up to protect women from a violent thug, Bragg arrested Penny on murder charges to appease the mob.
Penny is White and Neely is black.
Black Lives Matter intimidated Bragg into pressing charges, with the idea that civil unrest could occur.
Bragg charged Penny with manslaughter, which carries a 15-year prison term.
But Bragg also tacked on a criminally negligent homicide charge.
Criminally negligent homicide is punishable from probation up to four years in prison.
It wasn’t clear why Bragg tacked on this charge until the trial played out.
After three days of deliberations, the jury announced it was deadlocked on the manslaughter charge.
That should have been grounds right then and there for a mistrial.
Instead, Judge Maxwell Wiley granted Bragg’s request to have the jury go home for the weekend and come back on Monday to deliberate on the criminally negligent homicide charge.
“I’ll take a chance and grant the people’s application,” Judge Wiley declared.
Even Judge Wiley knew this move was legally dubious before announcing he was sending the jury home.
“Whether that makes any difference or not, I have no idea. But I’m going to direct you to focus your deliberations on count two,” Wiley added, telling the jurors “Go home and think about something else.”
This was outrageous.
Penny’s defense was justification.
If the jury couldn’t reach a verdict on the manslaughter charge when Penny claimed his actions were justified, there is no way for them to determine if Penny’s actions were negligent.
Had the jury decided in Penny’s favor and acquitted on the manslaughter charge believing his actions were justified, then the jury can’t proceed to say that his actions were negligent.
Former federal prosecutor Andy McCarthy wrote a column for NationalReview.com explaining that Bragg set up this lawless structure of charges to rig the trial so the jury could convict Penny of something.
“Bragg added a baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on,” McCarthy explained.
“Instead of deciding negligence as the central question, that count was treated as a fallback position for the jurors to have something to pin on Penny — i.e., they could feel good about convicting him of negligence, not because he was guilty but because they had already acquitted him of the more severe recklessness charge,” McCarthy continued.
Bragg is up for re-election in 2025.
Bragg may also want to run for Mayor in 2025.
Penny getting off and not getting convicted on some kind of charge wasn’t an option if Bragg wants a political future.
Alvin Bragg rigging a trial for political reasons are why Donald Trump’s accusations of a weaponized justice system carried so much weight with voters.