The trial of Marine veteran Daniel Penny for the death of Jordan Neely has been fraught with injustice from the outset. Manhattan District Attorney Alvin Bragg's decision to charge Penny with two homicide counts was a cynical political maneuver, exploiting the racially charged narrative favored by his progressive base. The fact that Penny is white and Neely was Black became the focal point, despite the reality that Neely's menacing behavior threatened all subway passengers, regardless of race. Furthermore, several Black passengers who witnessed the event testified to Neely's aggression and Penny's heroic intervention.
Judge Maxwell Wiley's decision to allow prosecutors to repeatedly refer to Penny as "the white man" or "the white defendant" further fueled this racial narrative, despite the absence of any evidence of bigotry on Penny's part. This tactic clearly aimed to sway any progressive jurors towards a guilty verdict based on identity politics rather than the facts of the case.
Beyond the racialization of the case, the charges themselves were a gross overreach. Penny's actions were clearly justified as self-defense and the defense of others. The only legitimate question was whether the duration and force of the chokehold constituted negligence. Even the cause of death is debatable, given Neely's drug use and pre-existing health conditions.
Bragg's decision to include a second-degree manslaughter charge, alleging recklessness, was a calculated move to provide the jury with a compromise option. This strategy appears to have played out as intended, with the jury deadlocking on manslaughter but potentially willing to convict on a lesser charge of negligence. The jury's prolonged deliberations, exceeding 30 hours for a relatively straightforward case, and the judge's use of an Allen charge to pressure them into a verdict, highlight the problematic nature of these proceedings.
Judge Wiley's refusal to declare a mistrial, despite the deadlock, and his acceptance of Bragg's dismissal of the manslaughter charge to allow deliberations on negligence, effectively created a partial verdict without the jury's actual agreement. This manipulation of the legal process, combined with the racially charged atmosphere surrounding the trial, raises serious concerns about the fairness and integrity of the justice system in Manhattan.
