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Daniel Penny May Pursue Malicious Prosecution Case Against Bragg: Report

 December 13, 2024

Daniel Penny, recently acquitted of charges related to the death of Jordan Neely, is contemplating legal action against Manhattan D.A. Alvin Bragg and associated officials.

Following a jury's decision on Monday, Penny's defense team is floating the possibility of filing a malicious prosecution lawsuit, focusing on the handling of the criminal case by Bragg’s office, as the Post Millennial reports.

Penny faced charges of second-degree manslaughter and criminally negligent homicide after an incident involving Neely, a 30-year-old homeless man.

The confrontation occurred on a subway train, where Neely reportedly posed a threat to passengers, prompting Penny to restrain him using a chokehold. This resulted in Neely's death and subsequent legal proceedings against Penny.

Legal Proceedings and Jury Decisions Explored

Initially, prosecutors charged Penny with manslaughter and criminally negligent homicide. The case saw significant developments when the manslaughter charge was dropped the previous Friday, as the jury was unable to reach a unanimous verdict. By Monday, the jury concluded with a not guilty verdict on the criminally negligent homicide charge, leading to Penny's acquittal.

Steven Raiser, Penny's defense attorney, expressed disappointment at the prosecution's approach. He criticized Bragg for pursuing charges he deemed baseless, asserting that ethical boundaries may have been crossed during the case's management. Raiser accused Bragg's office of pushing for charges despite knowing the difficulties in securing a conviction.

Allegations Against Medical Examiner's Office

The defense team's planned lawsuit does not solely target Bragg's office. It also sets its sights on the medical examiner's office, suggesting inappropriate coordination with prosecutors.

According to Raiser, the medical examiner acted swiftly to accommodate Bragg’s goals, allegedly influenced by political connections. He highlighted the medical examiner’s appointment by Mayor Eric Adams as a potential factor, noting both Adams and Bragg belong to the same political party.

Raiser shared concerns about the perceived alliance between the medical examiner and the D.A.'s office. He questioned the promptness of the medical examiner's actions, implying it was intended to bolster the prosecutor's case against Penny.

Defense Team's Perspective as Allegations Unfold

"This appeared to be a concerted effort to prosecute Penny," Raiser remarked, emphasizing his team's belief that the charges lacked substance from the outset.

Asserting a political undercurrent, he pointed to the ties between city officials and the involved parties, suggesting that these connections influenced the prosecution's path.

The defense team strongly criticized the handling of the case. "They were determined to find a way to convict him," Raiser added, indicating that the decision to drop the manslaughter charge was a tactical move to strengthen the remaining count. In contrast, the final jury verdict sided with Penny's innocence on the negligence charge.

Potential Legal Action on Horizon

As Penny's defense team moves towards legal recourse, the focus shifts to the allegations of malicious prosecution. Raiser's claims paint a picture of a prosecution bent on achieving a conviction by any means necessary, allegedly manipulating processes to force a favorable outcome.

The announcement of this possible lawsuit raises significant questions about the prosecutorial decisions made during the case. It underscores the aggressive nature of the charges and the subsequent handling by those involved, potentially impacting public perceptions of Bragg's office and the medical examiner's role.

Influence of Political Ties Scrutinized

Raiser argued the prosecution relied on strategic decisions rather than factual basis, with intentions to convict Penny regardless of evidence. He voiced concerns that the prosecution extended beyond the pursuit of justice, involving political influence and expedient decision-making.

The anticipated lawsuit may probe deeper into these allegations, potentially revealing more about the dynamics between city officials and law enforcement agencies. How this impacts the reputations of those involved remains to be seen, but the implications could be far-reaching.

Moving Forward: An Analysis of Legal Struggles

As Penny walks free, his defense team’s decision to pursue further legal action keeps the case active in the public domain. It serves as a reminder of the intricate relationships within the justice system and those who oversee it, contributing to ongoing discussions about accountability and integrity.

This development suggests that despite Penny’s acquittal, the issues underpinning the case may continue to resonate within the legal community and among the public, as the battle shifts from the courtroom to a potential broader legal debate.

The defense's next steps could influence how similar cases are perceived and handled in the future, potentially driving change in prosecutorial conduct standards.