Gee thanks. I'll never be able to get a woody again.

(12-03-2024 12:49 PM)rath v2.0 Wrote:  

(12-03-2024 12:46 PM)solohawks Wrote:  The jury is being instructed right now and will soon be dismissed for lunch and deliberations

The instructions are likely if he's a white conservative and the thug was a black liberal you must vote to convict on all charges after lunch....but don't do it too quickly so it looks like you really considered all of the facts.

That sounds about right.

(12-03-2024 01:50 PM)Redbanksdog Wrote:  "You heard of Mr. Neely's history - you may not use it to determine character"

Am I wrong to feel different about this quote ?

That's the approach that Memphis judge Bill Anderson uses. As far as he is concerned the facts of a case are irrelevant because of the presumption of innocence. That flies in the face of every non-activist judge in Memphis and Shelby County who will tell you that the facts in the current case absolutely do matter and should be considered when setting bail. In case you missed it Anderson is notorious for letting thugs loose on their own recognizance with little to usually no bail.

(12-03-2024 03:19 PM)Eldonabe Wrote:  

(12-03-2024 01:53 PM)Native Georgian Wrote:  

(12-03-2024 01:50 PM)Redbanksdog Wrote:  "You heard of Mr. Neely's history - you may not use it to determine character"

Am I wrong to feel different about this quote ?

Judicial boilerplate.

If only we had a legal expert here to explain this to us?

#snicker

(12-03-2024 04:04 PM)CrimsonPhantom Wrote:  

Quote:ou can’t make this up: Dafna Yoran is the Manhattan prosecutor currently throwing the book at Daniel Penny.

In 2019, she gave a reduced sentence to a black man who murdered an asian college professor as he was withdrawing cash from an ATM.

She said that it was under the guise of “restorative justice” and ended up giving him 10 years for manslaughter after he was originally charged with murder.

Now she’s attempting to imprison an innocent man who protected a group of people on the subway.

Whoa! My dog just saw that and ran out of my office whimpering.

(12-03-2024 01:54 PM)solohawks Wrote:  

(12-03-2024 01:50 PM)Redbanksdog Wrote:  "You heard of Mr. Neely's history - you may not use it to determine character"

Am I wrong to feel different about this quote ?

If you throw out everything about his past you're left with an unknown madman threatening to kill people in a tight space with no escape

Pretty standard.

For an affirmative defense of self defense you can only consider what Penny knew at the time of the act, not what we learned later. If Penny didn’t know it at the time it isn’t relevant.

Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a closed subway car in motion from a madman coming at you in your face

(12-03-2024 04:21 PM)BartlettTigerFan Wrote:  Gee thanks. I'll never be able to get a woody again.

He was great in Mask with Cher.

(12-03-2024 04:54 PM)solohawks Wrote:  

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a Locked and closed subway car in motion from a madman coming at you in your face

Added for clarity.

Retreat to where?

they're underground in a crowded metal tube. What?

edit: the similar responses just loaded...

(12-03-2024 03:34 PM)solohawks Wrote:  

Which should be an immediate call for a mistrial...

That was prosecutions one way out of this mess... to get a mistrial called.


If found Guilty... New Yorkers can completely forget about ever having good Samaritans come to their aid.

If found Not-Guilty: THe prosecution gets asked, WHY THE HELL DID YOU CHARGE THIS MAN TO START WITH?

They tried to slip the mistrial in to get out of the shooting gallery...

(12-03-2024 04:54 PM)solohawks Wrote:  

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a closed subway car in motion from a madman coming at you in your face

The subway stops and the doors open and close. Repeatedly. I know you guys are scared of the big city but the jury knows how the subway works.

(12-03-2024 05:04 PM)DaSaintFan Wrote:  

(12-03-2024 03:34 PM)solohawks Wrote:  

Which should be an immediate call for a mistrial...

That was prosecutions one way out of this mess... to get a mistrial called.


If found Guilty... New Yorkers can completely forget about ever having good Samaritans come to their aid.

If found Not-Guilty: THe prosecution gets asked, WHY THE HELL DID YOU CHARGE THIS MAN TO START WITH?

They tried to slip the mistrial in to get out of the shooting gallery...

This begs the question...
How do you reign in rouge politically motivated prosecutors like Bragg?

If Penny is found not guilty, it's no skin off Bragg's back...whereas best case scenario for Penny is he gets to start to rebuild his life immediately without a felony conviction

Prosecutors face ZERO reprocessing for the damage they cause

It's wrong

(12-03-2024 05:12 PM)U_of_Elvis Wrote:  

(12-03-2024 04:54 PM)solohawks Wrote:  

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a closed subway car in motion from a madman coming at you in your face

The subway stops and the doors open and close. Repeatedly. I know you guys are scared of the big city but the jury knows how the subway works.

What an asinine mindset

Hey crazy person threatening me, you're making me uncomfortable with your threats that someone is going to be killed and you don't care about going BACK to jail so if you could please step aside and let me off the train in peace we can both go about our days

Mayor Adams comes out in support of Penny
https://nypost.com/2024/12/03/us-news/ma...post_metro

(12-03-2024 05:17 PM)solohawks Wrote:  

(12-03-2024 05:12 PM)U_of_Elvis Wrote:  

(12-03-2024 04:54 PM)solohawks Wrote:  

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a closed subway car in motion from a madman coming at you in your face

The subway stops and the doors open and close. Repeatedly. I know you guys are scared of the big city but the jury knows how the subway works.

What an asinine mindset

Hey crazy person threatening me, you're making me uncomfortable with your threats that someone is going to be killed and you don't care about going BACK to jail so if you could please step aside and let me off the train in peace we can both go about our days

You are correct. Simply getting off the train is a better solution than killing someone for being mentally ill.

Also letting up on the blood choke as soon as he passed out instead of holding it until his soul floats out would have avoided the whole “manslaughter” thing.

Once someone is unconscious holding a potentially lethal blood choke is irresponsible. They no longer pose a threat and you are going well beyond the force necessary. If you don’t have the grappling skills to transition from the blood choke to a different hold you probably shouldn’t put yourself in that situation.

(12-03-2024 05:34 PM)U_of_Elvis Wrote:  

(12-03-2024 05:17 PM)solohawks Wrote:  

(12-03-2024 05:12 PM)U_of_Elvis Wrote:  

(12-03-2024 04:54 PM)solohawks Wrote:  

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a closed subway car in motion from a madman coming at you in your face

The subway stops and the doors open and close. Repeatedly. I know you guys are scared of the big city but the jury knows how the subway works.

What an asinine mindset

Hey crazy person threatening me, you're making me uncomfortable with your threats that someone is going to be killed and you don't care about going BACK to jail so if you could please step aside and let me off the train in peace we can both go about our days

You are correct. Simply getting off the train is a better solution than killing someone for being mentally ill.

Also letting up on the blood choke as soon as he passed out instead of holding it until his soul floats out would have avoided the whole “manslaughter” thing.

Once someone is unconscious holding a potentially lethal blood choke is irresponsible. They no longer pose a threat and you are going well beyond the force necessary. If you don’t have the grappling skills to transition from the blood choke to a different hold you probably shouldn’t put yourself in that situation.

He DIDN'T put himself in that situation. The nut did.

(12-03-2024 05:34 PM)U_of_Elvis Wrote:  

(12-03-2024 05:17 PM)solohawks Wrote:  

(12-03-2024 05:12 PM)U_of_Elvis Wrote:  

(12-03-2024 04:54 PM)solohawks Wrote:  

(12-03-2024 04:45 PM)U_of_Elvis Wrote:  Did they bring up duty to retreat in the jury instructions? NY is a duty to retreat state from a self defense perspective.

I haven't heard the prosecution push anything about that

Where you gunna retreat on a closed subway car in motion from a madman coming at you in your face

The subway stops and the doors open and close. Repeatedly. I know you guys are scared of the big city but the jury knows how the subway works.

What an asinine mindset

Hey crazy person threatening me, you're making me uncomfortable with your threats that someone is going to be killed and you don't care about going BACK to jail so if you could please step aside and let me off the train in peace we can both go about our days

You are correct. Simply getting off the train is a better solution than killing someone for being mentally ill.

Also letting up on the blood choke as soon as he passed out instead of holding it until his soul floats out would have avoided the whole “manslaughter” thing.

Once someone is unconscious holding a potentially lethal blood choke is irresponsible. They no longer pose a threat and you are going well beyond the force necessary. If you don’t have the grappling skills to transition from the blood choke to a different hold you probably shouldn’t put yourself in that situation.

Lol you gotta be trolling me

I would expect a verdict tomorrow or else we gotta be facing a possible hung jury