Based Underground is now a conservative news aggregator AND curated newsletter.
(DCNF)—Former federal prosecutor Andy McCarthy said there is a “faction” of jurors in the Daniel Penny trial that have bought into Manhattan District Attorney Alvin Bragg’s alleged racial narrative.
Jurors told Judge Maxwell Wiley on Friday that they were at a “deadlock” in their deliberations on the verdict, leading the judge to dismiss the second-degree manslaughter charge and leave the lesser charge of criminally negligent homicide up for consideration. As the jurors continued their deliberations Monday, McCarthy told “America’s Newsroom” that the trial will likely result in a mistrial due to several jurors believing in Bragg’s “racialized” framing of the case.
“Let’s remember what Bragg was pushing for up until Friday was the recklessness charge which carried a 15-year penalty,” McCarthy said. “So, I don’t see any change in the position of the DA, I see a change in the strategy of someone who couldn’t get the count that he was pushing for so now he’s onto this other count. But as far as this overcharging is concerned, look, we’ve spent a lot of time talking about two cases from Bragg. This case, where he overcharged it to push for a compromised verdict, and the other case which was at most a single transaction business record case and turned it into 34 felonies. So that’s what we’re dealing with here.”
“You have to wonder if some jurors think that they’re basically being brought back to court everyday until they finally convict this guy of something,” McCarthy continued. “My own view of it is that you probably have two factions on the jury, one that’s bought into this racialized presentation by the DA’s office that wants Penny convicted because [Jordan] Neely died whether Penny was actually responsible for that or not, and then you have another faction of jurors who think nothing should happen here, this guy should be acquitted. And what I assume is probably going to happen is after a day or two, it will be clear that we have a stalemate there will be a mistrial. I’d like to see him get acquitted, but it’s hard to believe that’ll happen given that there were some jurors, at least one, who was willing to convict him on the recklessness which I don’t even think there’s any evidence for.”
Bragg charged Penny, a 26-year-old former Marine, over the death of 30-year-old homeless man Jordan Neely after the defendant restrained him in a chokehold on a subway in New York City in May 2023. Neely allegedly screamed at commuters in an “aggressive” and threatening manner by throwing his jacket on the ground and telling passengers he did not care if he went to jail, prompting Penny to take action.
A Manhattan medical examiner ruled Neely’s death a homicide in May 2023, further prompting Bragg to press charges against Penny. The now-dismissed manslaughter charge came with a potential 15-year prison sentence, while the negligent homicide charges comes with a maximum four-year sentence.
In a separate case, Bragg charged President-elect Donald Trump with 34 counts of falsifying business records to cover up an $130,000 hush money payment to former porn actress Stormy Daniels ahead of the 2016 election. A jury convicted Trump on every felony count in May, though Judge Juan Merchan indefinitely delayed the sentencing date following the election and permitted the president-elect’s legal team to file a motion to dismiss the case.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact [email protected].
Mysterious “Skyquakes” Are Causing Strange “Booms” in the Sky, and Scientists Have No Explanation
by Michael Snyder
(End of the American Dream)—What is causing the extremely loud “booms” that people are hearing in the sky all over the world? We are being told that “skyquakes” are responsible, but scientists have no idea why these “skyquakes” are occurring. In some cases, the “skyquakes” cause such powerful shaking that…
The Biggest Sale on Long-Term Storage Beef EVER
by Sponsored Post
Let’s cut to the chase. Prepper All-Naturals is offering an unprecedented 40% off for it’s “Beef Steak” survival bags with promo code “steak40”. With a 25-year shelf life and a single ingredient (beef, of course), our most popular product is available for a very limited time with the biggest discount…
Seattle Is Ordered to Stop Blocking Illegal Alien Deportations in the Most Hilarious Court Decision Ever
by PJ Media
A federal court has just pooped in the oatmeal of the West Coast, Messed Coast™governors and local election officials suffering from acute cases of Trump Derangement Syndrome who think they can stop illegal alien deportations. And after this hilarious and thorough legal takedown from the 9th Circuit Court of Appeals,…
Illegal Alien Terror Suspect Found Dead in Cook County Jail Cell
by Slay News
An Islamic illegal alien has been found dead in his jail cell after being arrested on terrorism charges. According to CWBChicago, 22-year-old Sidi Mohamed Abdallahi was found dead at the Cook County jail in Illinois on Saturday. Abdallahi was arrested on felony terrorism and hate crime charges in October. He…
Trump’s Wild Bunch Is Ready for Action
by Frank Miele
If for no other reason than that it will elicit fear in the hearts of autocracy-phobics, I propose that Donald Trump’s second-term Cabinet be known as “The Wild Bunch.” The name is best known as the title of Sam Peckinpah’s classic 1969 western featuring a colorful cast of aging outlaws…
FAA Issues Flight Restrictions Over Questionable Drone Activity Near Trump’s Bedminster Golf Course
by Just The News
The Federal Aviation Administration (FAA) on Tuesday said that it has issued two flight restrictions on the area surrounding President-elect Donald Trump’s Bedminster golf club in New Jersey, following questionable drone activity. The drone sightings were first reported on Nov. 18, but have continued into this week, according to Fox…
Ex-FBI Agent Convicted for Stealing From Jan 6 Defendant During Raid
by Trending Politics
A former Houston-based FBI agent has been convicted of stealing valuables and cash while conducting searches. In one instance, the agent stole cash and silver bars from a non-violent January 6 defendant’s home. Nicholas Anthony Williams, 36, was indicted on January 31 in the Southern District of Texas. Williams, who…
Democrats, Media Elite Urge Biden to Pardon Trump’s Alleged ‘Enemies List’
by Breitbart
President Joe Biden should issue preemptive pardons to his political allies and those deemed to be on President-elect Donald Trump’s alleged “enemies list,” Democrats and their media allies believe. Delivering a preemptive pardon indicates an admission of guilt, although Democrats claim a preemptive pardon would only be intended to block…
Fani Willis Forced to Release All Communications With Jack Smith, J6 Committee
by Trending Politics
The Fulton County Superior Court has ruled against District Attorney Fani Willis, ordering her to disclose communications with Special Counsel Jack Smith and the House January 6 Committee. The decision, announced on Tuesday, follows a lawsuit brought by Judicial Watch, a conservative watchdog group, which accused Willis of violating Georgia’s…
Lindsey Graham Is the Warmongering NeoCon Leading the Charge to Upend Pete Hegseth
by JD Rucker
Pete Hegseth represents a shift away from the wokeness that has infected the United States military. This is possibly the biggest reason President-Elect Donald Trump tapped him to be the next Secretary of Defense and the vast majority of Republicans on Capitol Hill can support this, at least for the…
‘Where Are Black Democrats?’: Charles Payne Tells Personal Story to Call Out ‘Huge Double Standard’ of Biden Family
by Nicole Silverio, DCNF
(DCNF)—Fox Business host Charles Payne called out the alleged “huge double standard” of President Joe Biden’s family Tuesday by revealing that his brother, who struggles with a crack addiction, is currently serving a jail sentence. Payne said his brother, who is getting out of jail on Friday, is likely one…
Zelensky Admits Ukraine Can’t Retake All Its Land: ‘We Must Seek Diplomatic Means’
by Breitbart
Ukrainian President Volodymyr Zelensky conceded in an interview on Tuesday that Ukraine does not have “enough forces” to restore sovereignty over Russian-occupied Crimea and “must seek diplomatic means” to end the Russian invasion and regain its land. The state-run Ukrinform outlet reported that Zelensky described Crimea – which Russia colonized…
Ultra-Processed Foods: How Bad Are They for Your Health?
by Olivia Cook
(Natural News)—Despite the serious health risks associated with eating junk food, they remain the most consumed food products in many countries, particularly developed ones. But a review published in The BMJ, which studied 9.8 million people, warns that eating a lot of ultra-processed foods can increase your risk for 32 diseases. Among these are heart…
“Already Pretty Far Down the Line”: The Container Store Could File for Bankruptcy as Soon as Next Year
by Tyler Durden, Zero Hedge
(Zero Hedge)—As the retail apocalypse that started with Amazon and e-commerce continues, the latest victim is The Container Store. The retail giant could file for bankruptcy as soon as next year, according to the New York Post, who said the retailer is blaming its recent descent on “a weak housing…
Mysterious ‘Car-Sized Drones’ Over New Jersey Prompt FBI Investigation
by Zero Hedge
Several weeks of mysterious drone swarms over the skies of one New Jersey county near the military research and manufacturing facility Picatinny Arsenal have sparked concerns among residents and prompted an FBI investigation. “It’s kind of unsettling,” Mike Walsh, a Morris County resident who has spotted the drones on numerous…
UNESCO’s New Mission: Train Influencers About Combatting Online “Misinformation”
by Reclaim the Net
The UN Educational, Scientific and Cultural Organization (UNESCO) is now incorporating teaching influencers how to “fact check” into its activities. UNESCO claims that influencers have become “primary sources of news and cultural information” around the world – which prompted it to carry out a survey into how these online personalities…
