Danielle Penny's defense lawyers have spoken out for the first time since their client was found not guilty Murder due to criminal negligence In the 2023 subway strangulation death of Jordan Neely, they expressed shock at the way the final days of the trial went.
Stephen Reiser and Thomas Kenniff told Fox News anchor Martha MacCallum on “The Story” on Tuesday that they had concerns about the course of the trial when Judge Maxwell Wiley declined to rule. Charge of second-degree manslaughter against Binney after the jury said they could not reach a unanimous decision on the higher charge.
The judge then ordered the jury to consider the second count of criminally negligent homicide, a move Riser said was “unprecedented” because it would likely encourage a “compromised verdict.”
Daniel Penny arrives in Manhattan Criminal Court Wednesday, January 17, 2024. Penny is charged in connection with the death of Jordan Neely on a New York City subway in 2023. Penny's attorneys have filed a motion to dismiss the charges, to be decided by two judges today. (John M. Mantle for Fox News Digital)
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“If you have a deadlocked jury, you don't want to tell them, well, you know, just, why don't you guys agree that you can go with a smaller number, right? And the law is already set up that way so that doesn't happen.” ,” he told McCallum.
Once the manslaughter charge was removed and the jury could focus on the second charge, Riser said they were concerned that someone Consideration of a guilty verdict On the first count you may consider a guilty verdict on the second count as well.
“At that point, we thought the best we could really hope for was a hung jury, but we didn't know. We also felt like there was some engagement here in terms of understanding how far this case had gone.” District Attorney's Office He added: “He will go to secure a conviction, which was very disappointing for the defense team. We have never seen anything like this before.”
Daniel Binney (right) with attorneys Steven Reiser and Thomas Keniff (front) and paralegal Adeline Ortiz (left) leave Manhattan Supreme Court after the second day of jury deliberations, New York, New York, Wednesday, December 4, 2024. (Rashid Omar Abbasi for Fox News Digital)
Penny, 26 years old, and him The legal team celebrated Jury verdict of not guilty at a bar in lower Manhattan.
Kenniff said he hopes his client will take extended leave in the wake of the case, although Penny still faces a civil suit from Neely's father, Andre Zachry.
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Zachary accuses Benny of causing his son's death through “negligence, negligence and recklessness” and is seeking unspecified damages for assault and battery. According to the version From the civil complaint.
“(If) someone wants to try to grotesquely profit from this tragedy, understand that we will respond to that with that same force — just as strong,” Kenniff said of Zachary's lawsuit against Penny.
Riser added that Benny, a Marine Corps veteran, will continue to pursue his studies in architecture but will always be one “Scars” on his shoulders From misfortune.
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He denounced threatening behavior towards his client and threats from instigators upset with the outcome of the trial, saying Benny should walk the streets with his head held high because he was acquitted by a jury of his peers.
