REAL AMERICA -- Dan Ball W/ David Wohl, Jury Deliberates In Daniel Penny Trial, 12/3/24

first and foremost break down what the charges are because I heard the judge the other day when he gave him the instructions say you can find him guilty of this or this but not both explain that well the manslaughter charge requires negligence of some type in other words he was just trying to restrain him he didn't know how much force he was using and he accidentally ended up killing him the criminally negligent homicide is a higher requires a higher uh proof of evidence and requires that there has to be recklessness involved so it's a it's a a charge that could bring up to 15 years although even if he's convicted of it it's highly unlikely and Dan I honestly after looking at the evidence in this case listening to the uh testimony that did take place the 40 different Witnesses I don't see a conviction happening and the longer the jury's out the less likely they are to convict Mr Penny that's a good point and then you could obviously have a full out acquit you could have guilty on one of the two or you could have a hung jury and then the prosecutor has to decide to go back to Tri what are the rules in state of New York so if there's a hung jury they can retry him right away or is there some different parameters how's it work do you know that state typically yeah typically speaking if there's a hung jury the prosecutor will set a hearing maybe in 30 to 60 days where they will staff the case they'll review it they'll decide whether it's worth retrying Mr Penny given what took place in the trial so do I think if there's a hung jury and let's say it's split 6 to six my guess is the prosecutor won't re him if it's 11:1 for acquit won't retry him if it's 11 to1 for conviction they probably will retry him although Alvin brag boy I'll tell you all the controversy regarding this guy in a similar case where he he presented in front of a a grand jury and the grand jury didn't indict wow there just seems to be so much political backdrop to this and racial backdrop that he may not want to mess with it anymore