Daniel Penny trial: Jury to continue deliberations on lesser charge of negligent homicide
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(NEW YORK) — The jury in the Daniel Penny trial will begin deliberations over whether he committed criminally negligent homicide when he placed Jordan Neely in a chokehold on a subway car last year, after the jury was deadlocked on the more serious charge of manslaughter last week.
At the request of prosecutors on Friday, Judge Maxwell Wiley dismissed the second-degree manslaughter charge – which carried a maximum 15-year sentence – and directed the jury to turn to the lesser charge of criminally negligent homicide, which has a four-year maximum sentence. Neither crime has a minimum sentence.
“What that means is you are now free to consider count two. Whether that makes any difference or not, I have no idea,” Wiley said before sending the jury home for the weekend.
Prosecutors allege that Penny killed Neely, a 30-year-old homeless man who had previously been a Michael Jackson impersonator, when he placed him in a six-minute-long chokehold on a subway car in May 2023, holding Neely for at least 51 seconds after his body went limp. Assistant district attorney Dafna Yoran argued Penny knew his actions could kill Neely but continued to hold him in a chokehold for “way too long” and “didn’t recognize his humanity.”
The city’s medical examiner concluded Penny’s chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
Penny has pleaded not guilty to all charges.
Defense attorney Steven Raiser told jurors that Penny “acted to save” subway passengers from a “violent and desperate” Neely, who was acting erratically and “scared the living daylights out of everybody.” Raiser argued that Neely was fighting back, and Penny continued to hold on because he feared he would break free, though he didn’t intend to kill Neely.
Last week, the jury spent more than 23 hours across four days deliberating whether Penny, a 26-year-old former Marine and architecture student, committed second degree manslaughter before repeatedly signaling that they could not reach a unanimous verdict.
Wiley ultimately granted prosecutors’ request to dismiss the first count while Penny’s defense attorneys unsuccessfully pushed for a mistrial, arguing that continued deliberations could lead to a “coercive or a compromised verdict” by “elbowing” jurors to convict on the lesser charge.
Manslaughter would have required proving that Penny acted recklessly and grossly deviated from how a reasonable person would behave, while proving criminally negligent homicide requires the jury to be convinced that Penny engaged in “blameworthy conduct” that he did not consider would lead to the risk of death.
(LOS ANGELES) — Lyle and Erik Menendez may become free men after spending decades behind bars for killing their parents.
Here’s a look at life in prison for the notorious brothers and three paths to potential freedom:
The case
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted to buying shotguns and firing 16 rounds at Jose and Kitty Menendez inside the family’s Beverly Hills home in 1989.
Prosecutors alleged they killed their wealthy parents for money, but the defense argued they acted in self-defense after enduring years of sexual abuse by their father.
The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — Lyle and Erik Menendez were convicted and both sentenced to two consecutive terms of life without parole.
Life in prison
Nery Ynclan, an ABC News freelance producer and an executive producer of “Menendez + Menudo: Boys Betrayed,” has visited Lyle Menendez multiple times at the Richard J. Donovan Correctional Facility in San Diego.
She stressed that Lyle and Erik Menendez have spent their decades in prison rehabilitating themselves, as well as helping other inmates.
“[Lyle] and his brother spent their whole adult lives trying to counsel other victims of sexual abuse and start programs at the prison,” she said. “Even though they had no chance of parole, they really felt that the prison system could be improved.”
Erik Menendez has provided hospice care to inmates, their attorney said, while for the last 20 years, Lyle Menendez’s fellow inmates have elected him as their representative with the prison administration, Ynclan said.
“He’s like a soft-spoken CEO who is very busy with multiple projects,” Ynclan said of Lyle.
“He wants to talk about prison reform,” Ynclan said. “He would talk to me about the college courses he was taking. … I was really impressed that someone in their early 50s, in prison without any chance of parole … would want to take calculus and statistics to continue bettering themselves.”
With freedom now a possibility, Ynclan described this as an “emotional and tense time” for Lyle Menendez.
“For the first time in decades, he actually feels like there’s a glimmer of hope that the two of them might get home to their families one day,” Ynclan said.
Path 1: Habeas corpus petition
One track to freedom is the brothers’ habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from Roy Rosselló, a former member of the boy band Menudo, who revealed in the 2023 docuseries “Menendez + Menudo: Boys Betrayed” that he was raped by music executive Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.
Through this petition, the court could change their convictions. The next hearing is set for Nov. 25.
Path 2: Resentencing recommendation goes before judge, parole board
A second path is through resentencing.
Los Angeles County District Attorney George Gascón announced in an Oct. 25 court filing that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.
Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.
The DA’s office said its resentencing recommendations take into account factors including the defendants’ ages, psychological trauma or physical abuse that contributed to carrying out the crime and their rehabilitation in prison.
“We appreciate what they did while they were in prison,” Gascón said at a news conference. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”
Gascón’s recommendation next goes in front of a Los Angeles Superior Court judge who will weigh factors including the crime, the brothers’ records while incarcerated and the positive impact they’ve had in prison, ABC News legal contributor Brian Buckmire said.
The judge will also review facts that were not available at the time of the brothers’ 1996 conviction, Buckmire said.
The judge might also consider “the science of young boys and young men being sexually assaulted,” Buckmire said. “How they respond, how they react to that abuse, and how that might not have been information that was readily available at the time of sentencing that could’ve changed the sentence.”
A hearing is set for December. If the judge agrees to resentencing, the case next goes to the parole board.
Even though the judge would have already evaluated the facts and factors, “the parole board is going to do their own investigation,” Buckmire said.
The brothers and their relatives will also get the opportunity to address the parole board, Buckmire said. In this case, the relatives are not just the family of the perpetrators, but also the family of the victims, “so they have their own rights based on both capacities,” Buckmire said.
One relative, their uncle, Milton Andersen, wants the brothers to stay behind bars, stating that he doesn’t believe they were abused and instead killed their parents out of greed.
“They are survivors and deserve a chance to rebuild their lives,” their cousin, Brian Andersen Jr., told reporters in October. “They’re no longer a threat to society.”
“If they were to come to my house, knock on my door, I would answer that door, I would welcome them in with huge hugs, my wife would make them a dinner and I’d give them a pillow and a place to sleep,” Andersen said.
A hearing before the parole board would likely take at least six months to schedule, according to the California Department of Corrections.
If the parole board recommends release, the final decision then goes to California Gov. Gavin Newsom, Buckmire said.
If released on parole, the brothers would be subjected to monitoring and check-ins, Buckmire said. Parole often comes with conditions like maintaining a job and avoiding drugs, he said.
The district attorney announced days later that he supports the brothers’ bid for clemency, which would commute their sentence or grant a pardon.
Newsom is first eligible to weigh in on the clemency application on Nov. 7. The governor’s office said this is a confidential process, Newsom is not required to review the application and there is no timeline for the review.
If the governor approves clemency, the case would still likely go before the parole board.
The governor’s office intends to treat this application “like any other case,” an official at the office said. “Nobody is getting special treatment.”
ABC News’ Matt Gutman and Ashley Riegle contributed to this report.
(HOUSTON) — Teams of firefighters sprang into action in Texas on Friday when staff at the Houston Botanic Garden noticed a tiny Chihuahua was stuck underneath a pedestrian bridge.
Photos posted to Facebook show the small dog sitting on one of the footings of the bridge, which spans the Sims Bayou channel.
It took two Houston fire stations to help bring the Chihuahua safely back on land, with one crew member jumping in the water to bring the pup ashore.
“This Black Friday was one Chihuahua’s lucky day, thanks to our heroes at Houston Fire Department stations 29 and 42,” the Houston Botanic Garden wrote alongside several photos of the puppy rescue.
“We love knowing that everyone and everything in and around the Garden is in good hands with these trained community helpers on the job,” the institution added.
It’s unclear who the dog’s owner is and how it ended up below the bridge.
ABC News has reached out to the Houston Fire Department for a comment.
