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‘Mockery of Justice’: Andrew McCarthy Blasts Trial of Subway Hero Daniel Penny, Calls It a Travesty

An attorney for Marine Daniel Penny accused the prosecution of intentionally “overcharging” the subway hero in the Jordan Neely chokehold case, knowing the move would ultimately come down to the jury weighing on the “easier-to-prove” lesser charge.

As RedState reported on Friday, the judge in the high-profile case granted the prosecution’s motion to dismiss the top charge of second-degree manslaughter before the jury broke for the weekend, leaving the jurists to weigh the lesser charge of criminally negligent homicide when court deliberations resume on Monday.

Jurors had failed to reach a unanimous decision twice, prompting the dismissal.

Attorney and National Review columnist Andrew McCarthy blasted the Manhattan District Attorney Alvin Bragg and Manhattan Supreme Court Justice Maxwell Wiley in a Sunday op-ed, accusing both of intentionally making the trial a mockery of justice.

It is a travesty that Marine veteran Daniel Penny was charged with two homicide counts by Manhattan’s elected progressive-Democratic district attorney, Alvin Bragg, over the death of Jordan Neely – who was menacing frightened subway passengers when Penny subdued him.

How fitting, then, that the conclusion of the jury trial, which began eight weeks ago, is proving to be as much a mockery of justice as the rest of the proceedings have been.

Bragg, of course, became infamous for his aggressive use of lawfare in his criminal case against now-President-elect Donald Trump for falsifying business records.

McCarthy wrote in his op-ed that Bragg “executed a couple of cynical stratagems to increase his chances of convicting Penny” (emphasis, mine).

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