Jury ‘unable to come to a unanimous vote’ on Daniel Penny manslaughter charge
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(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Since the jury got the case on Tuesday, they have deliberated for more than 18 hours.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
Penny pleaded not guilty to manslaughter and negligent homicide charges.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
Judge Maxwell Wiley proposed giving the jury an Allen charge, encouraging them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
This is a developing story. Please check back for updates.
Mayor Eric Adams exits the Thurgood Marshall Courthouse after making the first appearance in his corruption case on October 2, 2024 in New York City. (Alex Kent/Getty Images)
(NEW YORK) — It is “possible” New York City Mayor Eric Adams could face additional charges and additional defendants are “likely” to be added, prosecutors said during a court hearing Wednesday, a week after a sprawling, five-count indictment was unsealed against the embattled politician.
“We’re moving quickly,” the prosecutor, Hagan Scotten, said. “We think that is quite likely.”
Adams has pleaded not guilty to charges that accused him of engaging in a long-running conspiracy to solicit and accept illegal foreign contributions.
Alex Spiro, Adams’ lawyer, criticized prosecutors, saying in a statement following the hearing: “The prosecution is desperately now saying they ‘could’ bring a new case because they are suddenly facing dismissal of their actual, flawed case and sanctions for misconduct. This is the sort of nonsense that prosecutors say when they don’t have a real case. If they had a real case, they would have brought it.”
The investigation into Adams began in the summer of 2021, “before the defendant had even become mayor,” Scotten said, revealing a timeframe not previously known.
The investigation unearthed text messages, emails and records from Turkish Airlines that Scotten said show the mayor tried to “create the illusion” he properly paid for certain flights when, in fact, he had not.
“It’s a bribe and it’s against the law,” Scotten said.
“Multiple” witnesses who participated with Adams in the charged conduct and witnesses who made illegal donations are expected to testify, prosecutors said.
Prosecutors also said they have evidence Adams sought to tamper with witnesses.
According to Scotten, after a witness was approached by the FBI during the investigation, that person was given “a clear message from the defendant they should not tell the truth to the FBI.”
The witness was not named, but Scotten called it a “significant instance of witness interference in this case.”
Adams patted the shoulder of a woman he seemed to recognize as he made his way to the defense table for his first hearing before the judge presiding over his federal bribery prosecution.
The mayor’s defense lawyer has asked the court to dismiss the bribery count and, separately, to sanction the prosecution over purported leaks. The defense urged the court to move quickly.
“We do not want this case dragging out,” Spiro said.
Spiro said Adams’ trial should start and end in March to give him time to secure a spot on the ballot for reelection. Adams, who was elected in 2021, is up for reelection in 2025.
“We want to get this to trial,” Spiro said. “They indicted the sitting mayor of New York.”
Spiro expressed confidence the bribery count would be dismissed and Adams acquitted.
“We want this case to be done with in March,” Spiro said.
Judge Dale Ho agreed the public and the mayor have a “strong interest” in a speedy trial, but he declined to immediately set a trial date. Prosecutors suggested a May trial date.
Prosecutors said they expect the trial to last about four weeks, while the defense said it would be much shorter.
Ho gave prosecutors until Oct. 18 to reply to the defense motions with oral arguments on Oct. 31.
Adams, a Democrat and former police captain, has said he plans to fight the charges, which last week he called “entirely false,” and does not plan to resign as leader of the largest city in the country.
(NASSAU, Bahamas) Search efforts are underway for a 66-year-old woman who fell overboard on a Taylor Swift-themed cruise Tuesday night, according to the U.S. Coast Guard.
The missing passenger fell off the Royal Caribbean ship Allure of the Season about 17 miles north of Nassau, Bahamas, the Coast Guard said.
The Coast Guard is assisting with the search, which is being led by the Royal Bahamas Defense Force.
The four-night Swift-themed voyage, known as “In My Cruise Era,” set sail from Miami for the Bahamas on Monday. It was not officially affiliated with Swift.
About 400 people registered for the cruise, which was scheduled to include karaoke, a dance party and friendship bracelet trading.
In a statement from the cruise company, Royal Caribbean said it initiated search efforts as soon as the woman fell overboard.
“Our crew immediately launched a search and rescue effort and is working with local authorities We are also providing support and assistance to the guest’s family during this difficult time. To respect the privacy of our guest’s family, we have no additional details to share,” a Royal Caribbean spokesperson said.
(WASHINGTON) — A Republican president-elect pledges support for expansive tariffs as a means of protecting U.S. businesses and hamstringing global competitors.
That description may conjure up former President Donald Trump, but it also applies to Herbert Hoover, who led the country nearly a century ago during the onset of the Great Depression.
Within months of the stock market crash, Hoover signed into law the Smoot-Hawley Tariff Act, a 1930 measure that increased tariffs for a broad swathe of imported goods. In response, several countries imposed retaliatory tariffs and trade plummeted. Many economists view the measure as a factor that exacerbated the nation’s economic downturn.
“A whole generation of Republicans and Democrats after World War II was very much conditioned against tariff hikes because of the experience of the 1930s. Now we have a new generation of leaders who are much more willing to pull the trigger on higher tariffs,” Douglas Irwin, a professor of economics at Dartmouth College and author of “Peddling Protectionism: Smoot-Hawley and the Great Depression,” told ABC News.
Here’s what to know about the Smoot-Hawley Tariff Act, its economic impact, and what its legacy means for tariffs promised by Trump, according to experts.
What is the Smoot-Hawley Tariff Act?
The Smoot-Hawley Tariff Act arrived at a moment of economic crisis.
As the stock market wobbled and financial panic took hold, Congress negotiated a set of tariff increases that initially aimed to protect U.S. farmers from foreign competition but ultimately extended to a wide range of manufactured goods.
The measure is named after its key supporters in Congress: Republican Sen. Reed Smoot of Utah and Republican Rep. Willis Hawley of Oregon. It passed the Senate by a narrow margin of 44 to 42, and sailed through the House of Representatives by a vote of 264 to 147. Hoover signed Smoot-Hawley into law in June 1930.
For products already facing tariffs, the law, on average, raised the import tax from 40% to nearly 60%, making for an increase of roughly 20 percentage points, Kris Mitchener, a professor of economics at Santa Clara University who studies Smoot-Hawley, told ABC News. It also significantly expanded the number of goods subject to a tariff, he added.
“It culminated in a more or less complete rewrite of the tariff schedule,” Mitchener said, referring to the nation’s tariff code.
What happened after Smoot-Hawley took effect, and did it cause the Great Depression?
The Smoot-Hawley tariffs set off a near-immediate trade war, in which several foreign nations responded to tariffs by slapping U.S. imports with taxes of their own.
For instance, Canada placed tariffs on 16 products that accounted for roughly a third of U.S. exports, according to a working paper co-authored by Mitchener in 2021. France and Spain both slapped taxes on imported American automobiles, a major U.S. industry.
“America’s trade partners responded by targeting U.S. exports,” Mitchener said. “The most important declines were in the products that were targeted.”
As a result, trading partners suffered reduced output, but so did the United States, Michener said.
The trade slowdown weakened the economy and exacerbated the nation’s economic downturn, experts said. However, the Great Depression had taken hold before the effects of Smoot-Hawley, ruling it out as a cause of the crisis, they added.
“Smoot-Hawley impacted the U.S. economy at a vulnerable moment,” Irwin said.
What could the legacy of Smoot-Hawley mean for Trump’s tariff proposals?
Smoot-Hawley cast a shadow over tariff policy for decades, Irwin said. “It gave tariffs a bad name,” he added.
For decades, prominent members of both major parties focused on the risks posed by tariffs, occasionally citing Smoot-Hawley, Irwin said.
“The Smoot-Hawley tariff ignited an international trade war and helped sink our country into the Great Depression,” then-president Ronald Reagan said during a radio address in 1986.
The measure also played a key role in shifting tariff authority from Congress toward the executive branch, since lawmakers sought a speedy way to roll back the tariffs, experts said.
In 1934, the Reciprocal Tariffs Act gave the president the power to increase or reduce tariff levels by up to 50%. A series of subsequent laws helped shift additional tariff authority to the president.
“Now, Congress doesn’t have much to do with setting tariffs,” Irwin said.
On the campaign trail, Trump said he could enact tariffs without support from Congress. He is largely accurate in his description of the wide latitude enjoyed by the president in setting and implementing some tariffs, experts previously told ABC News.
“Trump is using the delegated powers to pass tariffs,” Irwin said. “That’s completing the circle of Smoot-Hawley in some sense.”
