Penny jury hung (12-06-2024--Hour1)
The Pete Kaliner ShowDecember 06, 202400:30:1227.71 MB

Penny jury hung (12-06-2024--Hour1)

This episode is presented by Create A Video – A Manhattan jury says it is deadlocked on the most serious charge against Daniel Penny, who subdued a deranged man on a New York City subway last year.

Help with Western NC disaster relief: Hearts With Hands

Subscribe to the podcast at: https://ThePeteKalinerShow.com/ 

All the links to Pete's Prep are free: https://patreon.com/petekalinershow 

Advertising inquiries: Pete@ThePeteKalinerShow.com

 

Get exclusive content here!: https://thepetekalinershow.com/

See omnystudio.com/listener for privacy information.

[00:00:04] What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to 3 on WBT Radio in Charlotte. And if you want exclusive content, like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to thepetekalendershow.com. Make sure you hit the subscribe button, get every episode for free, right to your smartphone or tablet. And again, thank you so much for your support.

[00:00:28] So we have some developing news out of Manhattan. Jurors in the Daniel Penny manslaughter trial have apparently told the judge that they cannot reach a verdict on the top charge of manslaughter.

[00:00:50] A 12-person panel sent a note this morning saying that it is having trouble reaching a consensus on its, well, yeah, like a unanimous consensus. I guess that, well, I mean, you got to have all 12.

[00:01:05] A 12-person panel, whether to convict Penny, the 26-year-old, of recklessly causing Jordan Neely's death by putting him in a chokehold for six minutes back in May of 2023 after Neely threatened a whole bunch of people on the subway car.

[00:01:23] Penny's lawyers have said, according to the New York Post here, that the former Marine veteran and aspiring architect was justified in protecting passengers from a man that witnesses said yelled, someone's going to die today.

[00:01:40] And he was ready to go to jail after boarding the uptown F train.

[00:01:45] Manhattan prosecutors have stressed that no witness testified that Neely threatened anyone specifically.

[00:01:51] He was just saying he was going to kill somebody.

[00:01:55] He didn't touch anybody and he did not brandish a weapon.

[00:02:00] He was just like whacked out, disturbed, menacing people and kind of scary.

[00:02:16] Penny's attorneys have also argued that there's not proof beyond a reasonable doubt that the chokehold is what caused his death.

[00:02:22] I would submit that if you are placed in a, quote, chokehold for six minutes, that person is not trying to kill you because you would be knocked out way before six minutes.

[00:02:35] It only takes about 10 to 20 seconds and you're out.

[00:02:41] So they have reached or they have not been able to reach any kind of unanimous decision on a second degree manslaughter charge.

[00:02:52] They could also convict him of the lesser charge of criminally negligent homicide.

[00:02:57] The judge in the case, Supreme Court Justice Maxwell Wiley, would then tell the jury, okay, well, please go back in.

[00:03:07] They always do this like, oh, we can't get to a decision.

[00:03:09] Like, all right, well, please, you know, go back in.

[00:03:12] You guys got to really, really try to reach unanimous decision.

[00:03:16] Penny faces up to 15 years in prison if convicted on the manslaughter charge or up to four years behind bars if convicted on the less serious count.

[00:03:30] Either way, though, it's got to be unanimous.

[00:03:33] Otherwise, it ends up in a hung jury.

[00:03:35] So that's as it stands right now.

[00:03:38] We don't know.

[00:03:38] And keep in mind, it is a Friday and that does matter because jurors would very much like to be able to go home and be done with this for the weekend.

[00:03:52] They don't want to have to come back on Monday.

[00:03:55] Sometimes juries will hang around after they know how they're going to vote or they've already, you know, decided what their vote's going to be.

[00:04:02] But they'll hang around a little bit to get the lunch and then come right back in right after lunch.

[00:04:07] Seen that happen a couple times.

[00:04:11] Yeah, jurors are people.

[00:04:12] They do this sort of stuff.

[00:04:14] So they will, you know, they'll expect.

[00:04:17] Now, if it's not a good lunch, they want to maybe wrap up beforehand.

[00:04:20] Like if they're not getting served good food.

[00:04:22] But usually it's decent food that they're ordering from some, you know, restaurant around the corner and people place their orders and that sort of thing.

[00:04:31] But usually they don't want to be there.

[00:04:34] Till, you know.

[00:04:37] Late hours and they don't want to have to come back in on a Monday.

[00:04:40] That's a Friday.

[00:04:41] So they could very well come back and say, can't do it.

[00:04:45] Nobody's budging.

[00:04:46] We're not going to, you know, we're deadlocked.

[00:04:48] Nobody's going to change their mind.

[00:04:50] And that's it.

[00:04:51] And mistrial declared.

[00:04:53] And then the Manhattan D.A.

[00:04:55] Would have to decide whether to charge him again and go back to trial again.

[00:05:01] All right.

[00:05:01] Sure.

[00:05:01] I'll take Dave's call.

[00:05:03] Hello, Dave.

[00:05:03] Welcome to the show.

[00:05:05] Yeah, Pete.

[00:05:06] I just want to say God bless whatever jurors are there that are voting for him to be not guilty.

[00:05:12] And I pray God's mercy on those poor souls that are idiots enough to try to want to convict this hero that was trying to take care of other people.

[00:05:19] He's a veteran.

[00:05:21] And he was just doing the right thing to protect other people from somebody that that other fellow was in the wrong place at the wrong time.

[00:05:28] He happened to mess with the wrong dude.

[00:05:30] And, you know, there's consequences for that.

[00:05:33] I'll give a rat's butt for whatever the liberals and the ALCU and all those idiots.

[00:05:42] Their time's coming.

[00:05:43] We've got January 20th.

[00:05:45] That clock's ticking.

[00:05:46] And, by the way, speaking of time coming, Waxhaw's Christmas parade is going to be this Sunday at 3 o'clock.

[00:05:55] And it'll be the last time that you'll see Commissioners Weslick and Jason, whatever his name is, and Brandon McMillan, Jason Hall.

[00:06:06] That'll be the last time you'll see them in a Waxhaw Christmas parade.

[00:06:09] November 4th of 25th.

[00:06:11] Cannot come quickly enough.

[00:06:13] Thanks, buddy.

[00:06:14] Appreciate you.

[00:06:14] All right, Dave.

[00:06:15] I appreciate the call.

[00:06:16] At first, I thought he was going like, was all of this just an elaborate ruse in order to promote the Waxhaw Christmas parade?

[00:06:23] I did not see that coming.

[00:06:27] Yeah, so who knows how many people.

[00:06:30] There could very well be, you know, 11 people wanting to acquit and one holdout that wants to convict.

[00:06:38] That's the way this could be going also.

[00:06:40] You never know.

[00:06:43] And even after they come forward and say, you know, if they do come forward and say that we are hopelessly deadlocked and we can't come to a unanimous decision, they could all go their merry way afterwards after mistrial declared.

[00:06:57] And nobody ever knows what the vote would have been if they never talked to the media.

[00:07:03] And that might be a very real thing.

[00:07:05] A lot of people may not want to talk to the media.

[00:07:07] By the way, the protesters that are outside the courthouse are banging drums and stuff and screaming and chanting.

[00:07:14] And you can hear that in the courtroom.

[00:07:16] So there is pressure being applied by activists that want Penny to be convicted.

[00:07:23] There is pressure being applied outside the courthouse so you can hear it inside the courthouse to try to, I would submit it is an intimidation tactic.

[00:07:35] It is a threatening behavior to communicate to jurors.

[00:07:39] You better convict this guy or else, you know, you're going to be next.

[00:07:45] You're going to be threatened.

[00:07:46] We are going to come to your house and we're going to protest you.

[00:07:49] We're going to destroy your reputation or whatever.

[00:07:52] That's the message it sends.

[00:07:54] Because otherwise, why are you demonstrating like that?

[00:07:57] What's the point of that?

[00:07:59] To show your support for whom exactly?

[00:08:02] Right?

[00:08:03] Because it's the state versus Penny.

[00:08:06] Why would you be out front screaming and chanting and making all of this noise unless you're trying to influence the outcome of the trial?

[00:08:16] Which is not appropriate.

[00:08:17] And then I wonder, why would the judge allow that to occur?

[00:08:21] Well, freedom of speech and all of that.

[00:08:23] Yeah, but at some point now, are you engaged in intimidation and tampering?

[00:08:28] There are laws against that sort of stuff.

[00:08:31] So, like, to me, there isn't any other reason why you got activists out there doing that.

[00:08:38] They're trying to influence the jury.

[00:08:41] Inappropriately so.

[00:08:42] And potentially illegally so.

[00:08:44] But it's New York and Penny is white.

[00:08:48] And the madman on the subway that died was black.

[00:08:51] And so I guess that's where we are.

[00:08:53] You can do that.

[00:08:54] It's different.

[00:08:55] See, it's different.

[00:08:56] For over a month now, I have been reminding you to preserve your precious photos and slides, films, and tapes with Creative Video based in Mint Hill.

[00:09:05] These family heirlooms hold priceless stories.

[00:09:07] Moments from years past that are irreplaceable.

[00:09:10] If you've thought about saving these memories before they fade away, you are not alone.

[00:09:14] This is Creative Video's busiest season.

[00:09:17] And with the holidays fast approaching, there's no better time than right now.

[00:09:21] So you need to hurry.

[00:09:22] Imagine the perfect holiday gift.

[00:09:24] Memories from past family events captured forever.

[00:09:28] Creative Video's skilled team will professionally transfer your family's stories onto easy-to-use USB drives or DVDs that won't deteriorate over time like the old photos and tapes are doing right now.

[00:09:39] Picture it.

[00:09:40] Sitting together after a holiday meal, watching these family favorites, sharing laughs, shedding a few tears, and telling the stories that make your family uniquely yours.

[00:09:50] Get your memories in now and beat the holiday rush.

[00:09:53] Visit createavideo.com to learn more.

[00:09:56] That's createavideo.com.

[00:09:59] I'm not sure.

[00:10:00] I'm seeing some reporting on the Daniel Penny deadlocked jury, at least on the first charge, the highest charge, the manslaughter charge, that it's possible that he gets tagged with the second charge, the negligent homicide, if they are only saying they're deadlocked on the top charge.

[00:10:24] So if the jury is looking at these two different charges, one is for manslaughter, one is for negligent homicide.

[00:10:30] If they're saying that they're deadlocked on the top charge, the manslaughter, that might indicate that they are not, in fact, deadlocked on the lower charge, the negligent homicide.

[00:10:41] Again, I don't know what that means.

[00:10:43] I do not make predictions on elections or jury trials because jury trials are even harder to predict because you don't know what's going on in that jury room.

[00:10:56] And the things that people that are in the courtroom watching and people who, because I have sat through trials and the things that I thought were important turned out not to be important to the jury.

[00:11:10] And the things that I thought irrelevant, they thought was very relevant.

[00:11:16] So, and they, everybody brings their own biases and their own ideas and dumbassery to that jury room.

[00:11:27] So, not sure what to make of that.

[00:11:30] There is also a report here.

[00:11:32] It's from Libs of TikTok that the shooter at the Christian school in California has now been identified as a career criminal, Glenn Litton,

[00:11:43] who allegedly wrote that he targeted the Christian children, quote,

[00:11:47] in response to America's involvement with genocide and oppression of Palestinians.

[00:11:56] Looks to be an older, like in his 50s or 60s, white male.

[00:12:04] Two young victims, Roman Mendez and Elias Walford, both shot currently in the hospital in critical condition.

[00:12:11] So, prayers to them and their families.

[00:12:18] Is it time to have the national conversation about stochastic terrorism?

[00:12:24] What with the murder of the UnitedHealthcare CEO?

[00:12:28] And all of a sudden, a lot of Marxists are flying their flag about how it's okay.

[00:12:37] I'm not saying he should have done it, but I understand.

[00:12:40] You know, insurance companies stink.

[00:12:42] And what's amazing to me in all of that is there's this assumption built into their evil religion

[00:12:54] that somehow or another the government would not deny any of your claims,

[00:13:00] that the government would give you all of the surgeries you demand or need.

[00:13:05] And that is not the way that works.

[00:13:09] I'm not going to go in-depth on the healthcare system and the Frankenstein structure that we've got here in America.

[00:13:23] Thank you to, you know, decades of lobbying and terrible law and Obamacare and everything else.

[00:13:30] But I am not a defender of insurance companies and what they will and won't pay.

[00:13:36] I saw somebody refer to them as the sin eaters of hospitals, which I think is pretty accurate in that the hospitals overcharge.

[00:13:47] You ever try to get a price list on procedures?

[00:13:53] Dale Falwell tried.

[00:13:54] In North Carolina, Dale Falwell, state treasurer, who is the administrator of the state employees' health plan.

[00:14:02] And he asked Blue Cross Blue Shield, give me what you pay for all these procedures.

[00:14:09] And they were like, no.

[00:14:10] They refused.

[00:14:12] He tried the clear pricing plan, remember?

[00:14:15] And he got fought by hospitals.

[00:14:17] He was fought by the insurance providers.

[00:14:20] Nobody wants to tell you what they charge because some people get charged way more.

[00:14:25] People in private plans, people in employer-based plans are getting charged more money than others.

[00:14:32] They charged more money depending on what hospital you go to.

[00:14:38] It's not a free market when you don't know what the price is.

[00:14:43] And I have experienced this when I first got my very first HSA, I don't know, 20 years ago here at WBT.

[00:14:51] I went into my doctor and they were like, oh, it's time now for your tetanus shot.

[00:14:56] And I said, well, what's the price of a tetanus shot?

[00:15:00] And the doctor was like, I don't know.

[00:15:02] It's not his fault.

[00:15:04] They just, you know, this is what you need.

[00:15:05] Submit the claim.

[00:15:07] And then a couple months later, oh, yeah, you got to pay us, you know, 20 bucks or something.

[00:15:12] When the shot, as it was charged, would have cost somewhere in the neighborhood of about $70.

[00:15:20] And I'm like, I'm not paying that.

[00:15:21] I'm not paying $70 for that shot.

[00:15:23] And he's like, yeah, just, you know, if you step on a nail, come in.

[00:15:27] That's what I mean.

[00:15:28] Nobody knows what the price of these things are.

[00:15:31] And if there was visibility on the pricing, then people would be making decisions based on the pricing.

[00:15:38] And then that would send signals that you got to reduce this price and this and that.

[00:15:42] But when you remove the doctor-patient relationship, when you remove them from one another and you insert a third party,

[00:15:50] whether it's the government or the insurance providers, and then they mask the cost of this stuff,

[00:15:55] it distorts the market.

[00:15:57] And that's where we are.

[00:15:59] And the idea that government wouldn't be rationing care, of course they do.

[00:16:03] All of it's rationed all the time.

[00:16:05] It's either rationed by price or access.

[00:16:08] Pick one.

[00:16:09] That's it.

[00:16:10] Pick one.

[00:16:11] Those are the options.

[00:16:13] There's no third way here.

[00:16:15] All right, hey, real quick.

[00:16:16] If you would like to get your product or service in front of about 10,000 people multiple times a day,

[00:16:22] send me an email at Pete at the Pete Calendar Show dot com and ask me about advertising.

[00:16:27] It's super affordable.

[00:16:28] It's baked into this podcast forever.

[00:16:30] And podcasts have a higher conversion rate than other social media platforms, making it the best bang for your buck.

[00:16:36] Send me a message.

[00:16:37] Pete at the Pete Calendar Show dot com.

[00:16:39] And I can show you how it works.

[00:16:40] Run the numbers with you.

[00:16:41] Again, that's Pete at the Pete Calendar Show dot com.

[00:16:45] So the Daily Mail is reporting that the prosecutors in the Daniel Penny.

[00:16:52] Manslaughter trial.

[00:16:54] have been contacting reporters.

[00:16:58] That have been covering the case in an attempt to influence coverage of the proceedings.

[00:17:05] The 26-year-old Marine veteran accused of manslaughter and negligent homicide following the 2023 death of 30-year-old Jordan Neely,

[00:17:17] who was a Michael Jackson impersonator.

[00:17:21] on the streets of Times Square.

[00:17:24] I mean, whatever.

[00:17:25] And that was before he descended into insanity.

[00:17:30] But Neely was behaving erratically on the subway, threatening passengers.

[00:17:34] When Penny put him in a chokehold, which prosecutors say went too far and ultimately killed him.

[00:17:40] He was homeless and mentally ill.

[00:17:43] If convicted, he faces, Penny does, faces up to 15 years in prison.

[00:17:47] Under a barrage of public criticism for bringing the charges, prosecutors in Alvin Bragg's office have been on a mission to remind the jury

[00:17:57] that Penny may not get any prison time at all, even if he's found guilty.

[00:18:06] That is due to the fact that there's no minimum sentence for the two charges.

[00:18:13] The DA's office has been contacting news outlets, including the Daily Mail,

[00:18:19] requesting for that fact to be published to the forefront of coverage.

[00:18:24] So the DA's office, think about this, the DA's office is contacting news outlets and telling them,

[00:18:31] hey, you really should point out that he may not get any prison time whatsoever.

[00:18:36] It's really important that you promote this piece of information.

[00:18:40] It should be at the forefront of the coverage, that he may not even go to jail.

[00:18:45] Well, then why charge him?

[00:18:50] Also, juries aren't supposed to know that.

[00:18:53] Juries aren't supposed to know what the sentence might carry because you don't want that to be part of the jury deliberation.

[00:19:03] Why?

[00:19:04] Because they may not think that he should go to jail for 10 years.

[00:19:08] And so they would acquit because they don't think 10 years is appropriate for the first charge, five for the second, I believe.

[00:19:15] So if he's looking at up to 15 years in prison and you got the DA running around there telling media outlets,

[00:19:22] hey, you should report that he may not get any time whatsoever.

[00:19:24] Why would they be telling reporters to do that?

[00:19:29] Well, according to the Daily Mail,

[00:19:30] Penny's lawyers say that it is a desperate attempt to get the jury to convict him on the notion that they will be more inclined to do so if they believe he will not rot in prison for 15 years.

[00:19:45] So the DA is trying to send a message to the jury through the media, which you're not as a juror, you're not supposed to be reading media coverage of the case.

[00:19:58] Now, maybe the defense attorneys are making this up.

[00:20:01] Maybe the jurors are not going to be persuaded by this stuff.

[00:20:05] Maybe the DA simply wants to inform the public of this.

[00:20:11] But it doesn't really make a lot of sense because.

[00:20:14] If you are trying to promote the idea that he may not get any prison time.

[00:20:20] As some sort of a what a mitigation.

[00:20:24] Then why charge him at all in the first place?

[00:20:28] Oh, well, we kind of had to charge him for.

[00:20:34] Reasons or something.

[00:20:38] But don't worry, we don't really want to send him to jail.

[00:20:40] Then why charge him?

[00:20:42] If you're not trying to exact justice by sending the guy to prison.

[00:20:48] Why would you go for the conviction?

[00:20:50] Why would you waste all of the resources and time and manpower to do all of this?

[00:20:56] They interviewed the Daily Mail interviewed a lawyer named Danielle Iredale.

[00:21:01] She said the DA's message effectively tells jurors that they don't have to be concerned about Penny's fate if convicted because he may never serve a day in prison.

[00:21:11] Defense lawyers are barred from mentioning potential sentences at trial.

[00:21:17] She said the reasoning being that it would be an attempt to seek sympathy from jurors who then may reach a verdict based on something other than the facts.

[00:21:27] There is a hypocrisy to the DA's messaging in attempting to publish the fact that there is no statutory mandatory minimum sentence.

[00:21:34] They're essentially saying it's OK to convict him.

[00:21:36] He may not go to jail.

[00:21:38] Tellingly, the jurors have asked the judge to repeat his instructions relating to the justification defense.

[00:21:45] When he handed down jury instructions on Tuesday afternoon, Justice Wiley made a concerted effort to detail how justification works in a case like this.

[00:21:59] So when the jurors, when the jurors say, hey, can we get those jury instructions again on justification?

[00:22:05] That seems to be where this is turning.

[00:22:08] Whether or not Penny was justified in his mind, did he think this man posed?

[00:22:17] A threat to other passengers on the train.

[00:22:22] And if you look at the body cam footage from the cops who showed up to the scene and were interviewing witnesses, people who were on the train.

[00:22:35] They all defended Penny.

[00:22:36] They were all saying, yeah, this guy was nuts.

[00:22:39] He was like running around.

[00:22:40] He's saying, I don't care if I die.

[00:22:41] Someone's going to die today.

[00:22:43] And he's yelling at people.

[00:22:47] Yeah, but he didn't actually try to stab somebody.

[00:22:50] He didn't actually shoot somebody.

[00:22:52] He didn't.

[00:22:53] I mean, you got to remember, too, the New York City subway system has been experiencing an increase in assault.

[00:23:04] Right.

[00:23:04] When I was up in New York last summer, there were stories about, you know, people being assaulted on platforms, on trains.

[00:23:12] This is a growing problem in the city, which is a direct outcome of the, quote, reforms that were implemented under Bragg's leadership as the DA.

[00:23:26] Which was a, his election was a response to the Black Lives Matter movement.

[00:23:32] Defund the police.

[00:23:34] No cash bail.

[00:23:35] Right.

[00:23:36] All of these, quote, reforms have had an impact on people's, at the very least, perception of safety.

[00:23:46] And, and, and actual safety.

[00:23:48] It's not just their perception.

[00:23:50] When we went to Times Square, like, I told my friend, my family that I was walking around with, I said, I'm just here to be eyes.

[00:23:58] Like, head on a swivel.

[00:23:59] I'm just watching the whole time to see if anybody is going to try anything.

[00:24:06] And, yeah, I mean, like, you could, you got the sense on the subways that people were on guard, more so.

[00:24:15] So, now you're seeing more assaults on subways and nobody intervening to help.

[00:24:19] Because why would they?

[00:24:20] Why should they?

[00:24:21] How could they?

[00:24:21] This is the risk.

[00:24:23] All right, so let me go into this idea of justification.

[00:24:29] There are two types because the, all right, so the jury in the penny manslaughter trial, negligent homicide trial, he's got two charges against him there.

[00:24:39] And the jury has asked the judge for a restatement to go back over the jury instructions that he had given them when he first sent them back to deliberate on Tuesday.

[00:24:53] And he went over pretty in-depth the justification defense, basically.

[00:25:04] The law concerning justification.

[00:25:07] And there are two types of physical force that jurors have to consider here.

[00:25:14] They've got to weigh this.

[00:25:15] Two types.

[00:25:16] Ordinary physical force and deadly physical force.

[00:25:21] All right?

[00:25:23] So, on the first, ordinary physical force, ordinary force, a person can be justified in using ordinary physical force to defend themselves or others if they honestly and reasonably believe that such force was necessary to protect themselves or others from violence.

[00:25:45] In my mind, check.

[00:25:49] That's what this falls under.

[00:25:51] Ordinary physical force.

[00:25:54] This guy is rampaging around in the subway car, yelling at people, threatening them with death and bodily injury.

[00:26:02] And Penny walks over behind the guy and just subdues him.

[00:26:08] I don't even like the choke hold or, you know, what's the other?

[00:26:13] Headlock.

[00:26:13] I don't like any of these terms because people have different ideas about what they are.

[00:26:19] He walks up behind him and he puts the, he puts his left, Penny does, puts his left arm around the neck from behind.

[00:26:29] He comes up behind him and kind of puts the left arm around his neck and then he takes the right arm and puts it over the top of his head to hold him in place.

[00:26:38] And he takes him to the ground and he holds him there.

[00:26:41] And then you have other passengers that come over and hold.

[00:26:46] Oh, what's his name?

[00:26:47] Neely, Jordan Neely, hold Neely's hands and legs.

[00:26:52] Penny wasn't the only one here.

[00:26:55] So he's holding him there and he's holding him in that position for six minutes until they get to the next stop.

[00:27:00] And Penny told the cops this, the detectives.

[00:27:03] He said all of this.

[00:27:03] He's like, I wasn't trying to hurt him.

[00:27:05] I was just trying to subdue him.

[00:27:07] So he didn't hurt anybody until we can get to the next stop and then police could take him.

[00:27:12] That was his intent.

[00:27:13] That I would submit is ordinary physical force.

[00:27:19] Penny employed ordinary physical force.

[00:27:22] He was not trying to kill him.

[00:27:24] If he was trying to kill him, he's a former Marine.

[00:27:28] He could have done it very easily at any point during that six minute window.

[00:27:35] But he did not.

[00:27:38] Deadly physical force, the second type, that has a higher threshold.

[00:27:43] A person can only be justified in using deadly physical force if they reasonably believe that the person, Jordan Neely, was using or about to use deadly physical force against him or against other people.

[00:27:58] In other words, they've brandished a knife.

[00:28:01] They pulled out a gun.

[00:28:03] Something like that.

[00:28:04] That then means you can use deadly physical force.

[00:28:09] Neely did not do that.

[00:28:11] And so Penny did not do that.

[00:28:14] So Penny had to have believed that his only way to protect himself or those around him was to use deadly force in order to have a justification defense.

[00:28:27] But that is only the case if jurors determined that he used deadly physical force in the chokehold.

[00:28:36] And the medical examiner said that that's what killed Neely.

[00:28:40] The defense attorneys are like, no, the guy had drugs in his system.

[00:28:44] He was he had he had a genetic defect and he was homeless.

[00:28:49] He had a whole bunch of other problems.

[00:28:53] Jurors were then told that if they decided that the state did not meet its its burden, which is beyond a reasonable doubt, not beyond shadow of a doubt.

[00:29:06] That's not a standard in the law.

[00:29:07] It's beyond a reasonable doubt.

[00:29:10] That Penny's actions weren't justified, then they have to find him not guilty on both counts.

[00:29:16] If they in other words, if the state doesn't prove beyond a reasonable doubt.

[00:29:22] That Penny's actions weren't justified.

[00:29:25] Then they've got to acquit on both of the charges, both counts.

[00:29:31] And so it tells me there's somebody in that jury room that really, really, really wants to convict Penny at least one.

[00:29:38] It could be 11, but at least one.

[00:29:42] And they have dug in their heels on it.

[00:29:44] All right.

[00:29:44] That'll do it for this episode.

[00:29:46] Thank you so much for listening.

[00:29:47] I could not do the show without your support and the support of the businesses that advertise on the podcast.

[00:29:52] So if you'd like, please support them, too, and tell them you heard it here.

[00:29:55] You can also become a patron at my Patreon page or go to the Pete Calendar show dot com.

[00:30:01] Again, thank you so much for listening.

[00:30:02] And don't break anything while I'm gone.