Andy McCarthy Says Bragg ‘Played Games’ From The Beginning Of Daniel Penny’s Case

Former federal prosecutor Andrew McCarthy said Friday on Fox News that Democratic New York District Attorney Alvin Bragg “played games” with Daniel Penny’s case, following the announcement that a Manhattan judge agreed to drop his top count of manslaughter.

Assistant District Attorney Dafna Yoran announced Friday afternoon that prosecutors would move to dismiss Penny’s top count of second-degree manslaughter after the jury had already approached the judge twice, unable to reach a verdict on the charge. On “Your World with Neil Cavuto,” the Fox News host asked McCarthy for his thoughts on the “significance” of the judge’s last-minute decision.

“I think Bragg played games from the beginning here, Neil. This really was never a recklessness case. The evidence doesn’t lend itself to that. I think he threw in the recklessness charge in the hope that it would increase his odds of getting a conviction by giving the jury something to basically compromise on,” McCarthy said.

“He knew that they probably wouldn’t get him on the recklessness, so they could feel better about convicting him on the negligence, like they were being more fair. So what’s happened here is exactly that, in the sense that the recklessness charge after four days and 30 hours of deliberations is finally gone,” McCarthy added.

McCarthy went on to state that the jury would still have to return to court on Monday to deliberate on Penny’s negligence charge. He called the case unfair and said it should never have involved manslaughter.

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