Daniel Penny judge dismissed Count 1, manslaughter, after a hung jury — BUT he is going to allow the jury to consider Count 2, negligent homicide, on Monday.
Look at the instructions. Count 2 consideration was contingent on Count 1 deliberations. The decision to allow consideration of Count 2 removes the defense-protective obstacles from the instruction. If Penny is convicted as a result, the defense will have a field day on appeal.
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Kathy
It all needs to be dismissed. His intentions were to protect the American public. Yes, it may have played a part in his death, but according to the coroner, he had other things, including drugs, that contributed to his death that, of course, Penny wasn't aware of. Just my humble opinion.

GerryB52
Kathy and I humbly agree 👍

Kathy
GerryB52It just makes me angry. That coroner testified back in November. Should have been the end of this back then.

GerryB52
Kathy yes
