Fox News: Daniel Penny Jurors Have Informed the Judge They Are Deadlocked on The Second Degree Manslaughter Charge

EXCERPT:

COTTON: "That's right, the jury just passed a note to the judge saying it is unable to reach a unanimous decision on the most serious charge in this case, second degree manslaughter. The judge said in the courtroom that he thinks he now needs to instruct the jury on an Allen charge, which is essentially telling the jury, 'You need to go back into deliberations room, talk more, consider the viewpoints of other jurors, and try to reach a consensus.' At that point, if the jury comes back again and still doesn’t have a unanimous decision, the judge would then have to declare a mistrial. But, of course, we know if there is a conviction on this most serious charge, there are high stakes for Daniel Penny, who would face up to 15 years in prison. But so far, the jury says it is not able to reach a unanimous consensus on that charge. We know all eyes are on this case across the country. It is really initiated a lot of conversations across the country, conversations on race, policing and the criminal justice system. Jurors have asked to review lots of key evidence so far in the case to include the video evidence of the choke hold, the 25-minute taped interview Daniel Penny had with police at the precinct when he waived his Miranda rights to answer detective’s questions, he didn’t know Neely had died at the time. The jury also wanted to see yesterday a one-minute clip of the choke hold that was captured by a high schooler who was on the subway that day. They also wanted the definitions of recklessness and negligence read back from the judge. So a lot more to watch here at the courthouse for sure, Dagen."