To Be A Coward
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I thought the DA requested that the judge dismiss. Anyway this seems destined for a mistrial no matter what happens, even if they return guilty. (Obviously they won't return not guilty, if one of them refuses to budge on guilty for the more severe verdict.)
I mean we know enough now to know that the verdict will not be not guilty. This is a perversion of the system.
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Yeah it is looking like they made this shit up on the fly, and it has no precedent in legal procedure. This shit will never stand on appeal, and I will welcome a SCOTUS escalation.
@Horace said in To Be A Coward:
Yeah it is looking like they made this shit up on the fly, and it has no precedent in legal procedure. This shit will never stand on appeal, and I will welcome a SCOTUS escalation.
In the case of Alec Baldwin, there was evidence of prosecutorial misconduct - a Brady violation (the prosecution withheld potentially exculpatory evidence from the defense). The case was dismissed because of this because "jeopardy had attached." That means that a jury had already been empaneled, and proceedings had started/
In Penny's case, one could make a similar argument. Jeopardy has attached (both state and defense have made their cases before a jury) and "it is what it is."
Tons of appellate fodder here.
The question is: Does Penny have the financial resources to pursue an appeal, should it occur?
Remember, the punishment is not always the verdict and the sentence. Sometimes, it's the process.
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@Horace said in To Be A Coward:
Yeah it is looking like they made this shit up on the fly, and it has no precedent in legal procedure. This shit will never stand on appeal, and I will welcome a SCOTUS escalation.
In the case of Alec Baldwin, there was evidence of prosecutorial misconduct - a Brady violation (the prosecution withheld potentially exculpatory evidence from the defense). The case was dismissed because of this because "jeopardy had attached." That means that a jury had already been empaneled, and proceedings had started/
In Penny's case, one could make a similar argument. Jeopardy has attached (both state and defense have made their cases before a jury) and "it is what it is."
Tons of appellate fodder here.
The question is: Does Penny have the financial resources to pursue an appeal, should it occur?
Remember, the punishment is not always the verdict and the sentence. Sometimes, it's the process.
@George-K said in To Be A Coward:
The question is: Does Penny have the financial resources to pursue an appeal, should it occur?
You mean, can he afford to appeal, if he's convicted? Yes, I'm confident that money won't be a deciding factor for that.
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Riffing of the jury instructions comment, appellate defense attorney Andrea Burkhardt posted a thread on X. It's long, but an interesting (to me) read about how things really work.
Threadreader link:
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Thanks for posting that, George. I guess instructions are agreed upon by both parties? But the judge must also have authority to dictate, since agreements won't always be reached. The instructions present quite a maze to get to a deliberation of the second count. Unanimous agreement of not guilty on count 1, and unanimous agreement on specific reasons for that verdict. I'll be curious to know how non-standard those instructions are. Or maybe the mutually exclusive charges themselves are so non-standard, that any instruction will also have to be non-standard.
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Someone on X posted the DA commenting on a perp who attacked and killed an elderly Asian man. The perp was black.
DA decided to go for a lighter sentence because of "restorative justice" (whatever the fuck that is).
I'm preaching to the choir here, but if Penny had been black and Neely white...would there be a prosecution.
I just learned that Penny, after an interview with police, was let go and not charged for almost two weeks. WHat's the over/under that Bragg put his thumb on the scale?
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Awesome. But it means that one or more jurors were unbudgeable from guilty on the more severe charge, then voted innocent on the more lax charge.
I guess it is a hint that there were few such people on the jury, maybe only one, who wanted guilty on count 1.
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Right, getting involved in shit is a thing of the past. You should defend yourself, but it is unwise to defend anybody else, if the combination of skin colors is of the volatile variety. Just another hidden cost of the virtue warriors and their fellow traveler DAs.
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Can NYC get rid of Bragg?
“Cry havoc and let slip the DOGE of war!”
Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton
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Congressional medal?
“Cry havoc and let slip the DOGE of war!”
Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton
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@Jolly said in To Be A Coward:
Can NYC get rid of Bragg?
At the next election. His predecessor (Vance) had that job for 12 years. His predecessor (Morgenthau) had it for 34 years.
Vance is the son of the former Secretary of State.
Morgenthau was the son of the former Secretary of Treasury.
