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Judge may have given Daniel Penny defense ‘partial victory’ as BLM threatens ‘summer of love’ redux

December 9, 2024 | | Print Article

Daniel Penny’s “partial victory” threw sparks toward a powder keg as raving BLM leaders railed over the potential of a George Floyd “summer of love” redux.

“Do glass have to break? Do cars have to burn…”

(Video Credit: Fox News)

Heading into the weekend, Judge Maxwell Wiley dismissed the U.S. Marine Corps veteran’s second-degree manslaughter charge at the state’s request after the jury deadlocked on their verdict. While Fox News legal analyst Gregg Jarrett furthered the rationale that the case be declared a mistrial, Greater New York Black Lives Matter co-founder Chivona Renée Newsome was seen outside the courthouse stoking the fires of division.

“People keep asking, ‘Are we gonna riot? Are we gonna protest?’ Is that what’s needed? Do glass have to break? Do cars have to burn for a black man to get justice in America?” she ranted Friday. “We can’t show up with peace. We can’t show up with facts. We can’t show up with evidence and witness after witness. You give us nothing and then you ask us to love this country. America hates black people and we see it from that jury pool.”

During his analysis of the trial, Jarrett referred to Wiley’s dismissal of the manslaughter charge, with a ruling on the lesser criminally negligent homicide charge still pending, as a “partial victory” during an appearance on Fox News’s “Hannity.”

“In [dropping the charge], Judge Wiley, I think, created what looks like reversible error so that if the jury convicts on the lesser charge next week, it would be overturned on appeal,” he argued. “Why? Because the judge contradicted his own earlier ruling that the jury could only consider the second count if they found Penny not guilty of the first count.”

“Well guess what? That didn’t happen,” added Jarrett.

“So now the judge is letting the jury do what he said he couldn’t do. And the defense is right. This is coercive, sort of forcing the jury to convict by changing the rules after the fact. It’s not just unorthodox, it’s legally wrong,” he went on. “The judge’s only option — one option only — was to declare a mistrial on the deadlocked jury and dismiss one charge during deliberations and then double down on the remaining charge. You can’t do that. To me, it clearly violates Penny’s due process rights.”

Meanwhile, as Penny is still facing a civil lawsuit filed last week for, as the defense attorneys put it, “the same allegations contained in the criminal indictment,” another apparent coercion is continuing outside the court where Newsome argued, “No matter the facts, no matter the expert witnesses, no matter the people yelling on that train that day to let Jordan go, you will kill him — they will not find a white man guilty of killing a black man in modern-day America.”

“This is no different than Jim Crow. This looks like a picture out of the picture book when you look at that anonymous jury. We had baby boomers who were there during Jim Crow on this jury. We have young people who are looking at Daniel Penny as a hero. In what America is a hero a killer?” she wondered as, after she was done speaking, co-founder Hawk Newsome claimed, “A black man was lynched and his name was Jordan Neely.”

The rhetoric from BLM faced backlash on social media as users decried the potential jury intimidation, fomenting of hate and suggested race hustling that, like the estimated $2 billion in damages from the riots prompted by the death of George Floyd in police custody, could lead to very serious consequences for Gothamites and beyond.

Kevin Haggerty
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