In their first public statements since Daniel Penny's acquittal on charges of criminally negligent homicide in the death of Jordan Neely, defense attorneys Steven Raiser and Thomas Kenniff shared their perspectives on the trial's closing stages with Fox News anchor Martha MacCallum. They expressed surprise at Judge Maxwell Wiley's decision to dismiss the second-degree manslaughter charge after the jury reported a deadlock, then instruct the jury to deliberate on the lesser charge of criminally negligent homicide.
Raiser characterized this move as unusual, suggesting it could potentially lead to a compromise verdict. He explained that the legal system is designed to prevent such scenarios, where a jury struggling to reach consensus on a more serious charge might be inclined to settle on a lesser one. The defense team, according to Raiser, was concerned that jurors initially leaning towards a guilty verdict on the manslaughter charge might carry that inclination over to the homicide charge.
Daniel Penny arriving at Manhattan Criminal Court on January 17, 2024. (John M. Mantel for Fox News Digital)
Raiser also expressed unease with what he perceived as the District Attorney's office's determination to secure a conviction, describing their efforts as unusual in his experience. He stated that the defense team's best hope at that point was a hung jury.
Daniel Penny (right) with attorneys Steven Raiser, Thomas Kenniff (front), and paralegal Adeline Ortiz (left) leaving Manhattan Supreme Court after the second day of jury deliberations on December 4, 2024. (Rashid Umar Abbasi for Fox News Digital)
Following the not-guilty verdict, Penny and his legal team marked the occasion at a Lower Manhattan bar. Kenniff expressed hope that Penny would take a well-deserved break, acknowledging the ongoing civil lawsuit filed by Neely's father, Andre Zachery, alleging negligence and seeking unspecified damages. Kenniff affirmed their intention to vigorously contest this lawsuit.
Raiser added that Penny, a Marine veteran, plans to continue his architecture studies but will undoubtedly carry the weight of this experience. He condemned threats made against Penny, emphasizing that Penny, having been acquitted by a jury, should hold his head high.
