IN DANIEL PENNY TRIAL DEFEAT, D.A. BRAGG OVERPLAYED HIS HAND

Daniel Penny's trial threw New Yorkers back into the era of Ed Koch's unsafe subways, epitomized by Bernard Getz's trial and his acquittal, except for the illegal possession of a weapon charge. It was a time of subways not only covered with graffiti but ridden with crime. Daniel Penny trial was started before the last presidential elections, precisely on October 21, 2024, when Donald J. Trump and the republicans were busy in exposing the crimes and violent attacks in the New York City subway system, whereas the democrats were responding with claims of violent treatment of African-Americans by the police officers. When the trial ended on December 9, 2024, with jury acquittal of Daniel Penny of the remaining charge of negligent homicide, Donald J. Trump was already elected to his second term of the U.S. presidency. I have watched pretty much the whole trial in Judge Maxwell's courtroom on 15th Floor at 100 Centre Street in Manhattan, starting from the selection of the jury until the closing statements. It is obvious that the trial never should have been brought and that it was initiated by Manhattan D.A. Bragg for political reasons. When the jury got hanged on the reckless homicide charge, the more serious one of the two charges, Dafna Yoran, the lead prosecutor, apparently with approval of her boss, D.A. Bragg, overplayed her hand by withdrawing it, to let the jury proceed with deliberations on the remaining charge of negligent homicide. Surprisingly to her, and to almost all the pundits, the jury acquitted Daniel Penny of the remaining lesser charge. Now, Bragg was precluded from retrying the reckless homicide charge. Although the family and BLM holdouts were shocked, the majority of the courtroom as well as the public greeted the acquittal with relief, for they were afraid that guilty verdict would pour cold water on any people trying to act as Good Samaritan to straphangers attacked in the subways. Whereas Daniel Penny legal team was professional throughout the trial, the D.A. team attempted to play racist card with the jury, however, to no avail. Ultimately D.A. Bragg was punished by the jury for proceeding against Good Samaritan protecting the fellow straphangers. It was obviously a tragedy, the death of Jordan Neely, but the guilty is the City and the State of New York in not being able to protect mentally ill people.

Janusz Andrzejewski is a New York attorney, admitted to practice in 1993, You can reach him by telephone (212-634-4250) or by e-mail at janusz@januszandrzejewski.com