Judge Maxwell Wiley has decided to dismiss the manslaughter charge against Daniel Penny due to the jury's inability to reach a unanimous verdict, but he is urging them to continue deliberating on the lesser charge of criminally negligent homicide, which pertains to the death of Jordan Neely in a subway incident last year. The decision highlights the challenges faced in reaching consensus in cases involving complex questions of intent and recklessness.
Defense attorney Thomas Kenniff expressed concerns about the potential for a "coercive or compromised verdict" following the judge's decision to allow deliberation on the lesser charge, arguing there may be pressure on jurors to come to an agreement despite unresolved doubts. He further suggested the judge consider declaring a mistrial to ensure fairness in the proceedings.
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