Leo Terrell Blasts Penny Trial Judge For ‘Going Along’ With Bragg’s Plan For ‘Gaming The System’

Civil rights attorney Leo Terrell criticized Judge Maxwell Wiley Monday for allegedly “going along” with Manhattan District Attorney Alvin Bragg’s plan of “gaming the system” in the case against former Marine Daniel Penny.

A Manhattan jury acquitted Penny on the criminally negligent homicide charge in the death of 30-year-old homeless man Jordan Neely, who the defendant held in a chokehold to protect surrounding passengers on a New York City subway train in May 2023. Terrell accused Wiley of going along with Bragg’s attempt of “gaming the system” by suddenly dismissing a portion of the case when the jury was in a deadlock.

“Let me be very clear, Alvin Bragg was gaming the system,” Terrell said. “Look, when you file charges, you start off the case with the charges, you don’t all of a sudden dismiss part of the case if you have a hung jury or a mistrial. You don’t dismiss a part of the case and say ‘well judge, let’s go after this portion of the case.’ He was gaming the system. Why, John ? Because he was desperate for a win. He lost. He lost his case and he did everything. I’m embarrassed for the judge who went along with this scheme. The jury spoke unanimously not guilty on the negligence charge, which is the lower standard.”

Wiley instructed the jury to reach an agreement on the second-degree manslaughter charge before considering the charge of criminally negligent homicide. The jury told the judge they were deadlocked on the manslaughter charge Friday, eventually prompting Wiley to dismiss the first charge at the prosecution’s behest.

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