To Be A Coward

[George K]

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:

https://threadreaderapp.com/thread/1865509655373570424.html

[Horace]

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.

[George K]

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).

https://www.foxnews.com/us/lead-daniel-penny-prosecutor-secured-light-sentence-thug-who-killed-87-year-old-atm-robbery

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?

[Horace]

I posted that video of the prosecutor upthread. She is so completely on the nose for woke white high status professional females gone nuts.

[George K]

[jon-nyc]

Sweet.

[Horace]

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.

[Horace]

Or depending on what "hung jury" actually means for count 1, they may have all agreed on not guilty there, but disagreed about the specific reasoning, and whether they were therefore allowed to consider count 2.

[jon-nyc]

Im happy for Penny but nevertheless the damage has been done. The next subway hero will know that what Penny went through wasn’t worth it.

[Horace]

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.

[Jolly]

Can NYC get rid of Bragg?

[Jolly]

Congressional medal?

https://pjmedia.com/matt-margolis/2024/12/08/a-congressional-gold-medal-resolution-nyc-subway-hero-daniel-penny-make-it-so-n4934941

[Horace]

I would not like to see that sort of escalation of the politicization of this. I also suspect Penny would refuse the medal.

[jon-nyc]

@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.

[George K]

@Jolly said in To Be A Coward:

Congressional medal?

https://pjmedia.com/matt-margolis/2024/12/08/a-congressional-gold-medal-resolution-nyc-subway-hero-daniel-penny-make-it-so-n4934941

Nah, President-Elect Trump will appoint him to the cabinet.

[Mik]

@Jolly said in To Be A Coward:

Can NYC get rid of Bragg?

Sure. Make him ride the subway.

[George K]

[Mik]

Gosh you mean people on the internet don’t know what they’re talking about?

[taiwan_girl]

@Mik said in To Be A Coward:

Gosh you mean people on the internet don’t know what they’re talking about?

Except for us on this forum board!

[jon-nyc]

@Mik said in To Be A Coward:

@Jolly said in To Be A Coward:

Can NYC get rid of Bragg?

Sure. Make him ride the subway.

lol