A Compromised Verdict for Daniel Penny?

In the case of the Good Samaritan Marine veteran, the judge dismisses the most serious charge in an effort to avoid a mistrial.

Michael M. Santiago/Getty Images
Daniel Penny returns to the courtroom after a break during his trial at Manhattan Criminal Court on December 3, 2024 at New York City. Michael M. Santiago/Getty Images

The decision by New York prosecutors to drop the most serious charge against criminal defendant Daniel Penny in order to avoid a mistrial underscores the power of prosecutors. The retreat — it lets the jury consider a lesser charge — throws into relief that though defendants are entitled to the presumption of innocence, it is the government that holds the advantage. In other words: Tails District Attorney Alvin Bragg wins, heads Mr. Penny loses.

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