Former U.S. assistant attorney Andy McCarthy has raised concerns about Manhattan District Attorney Alvin Bragg's handling of the Daniel Penny case. McCarthy alleges that Bragg attempted to influence the jury by dismissing manslaughter charges when they seemed deadlocked, in an effort to secure a conviction on a lesser charge.
The case revolves around an incident where Penny put a mentally ill homeless man in a chokehold after the man threatened passengers on a subway car during a psychotic episode. The manslaughter charge required proving recklessness on Penny's part, which the defense argues was not the case.
After the jury indicated they were deadlocked, the prosecution requested the top charge be dropped to allow deliberation on a lesser charge of criminally negligent homicide. This move has sparked criticism from legal experts, with McCarthy questioning the validity of the prosecution's strategy.
McCarthy believes that the inclusion of two charges was a tactic to increase the chances of a conviction, despite the circumstances of the case. He argues that Penny's actions were not indicative of recklessness, citing evidence that Penny cooperated with authorities and did not intend harm to the homeless man.
Other commentators, including Claremont Institute senior fellow Jeremy Carl, have also expressed outrage over the developments in the case. Comparisons have been drawn to high-profile trials like that of Kyle Rittenhouse, with some arguing that Penny's actions were justified in the context of protecting others from harm.
Former 'The View' co-host Meghan McCain has criticized the demonization of Penny, describing him as a hero for intervening in a potentially dangerous situation. The case has sparked debate over the interpretation of self-defense and the treatment of individuals who take action in emergency situations.
