Daniel Penny jury returns after judge's controversial dismissal of deadlocked top charge
Fox News
New York Marine veteran Daniel Penny isn't out of the woods yet, as jurors controversially have been instructed to weigh a lesser charge for death of Jordan Neely.
They had previously been instructed to deliberate the lesser charge of criminally negligent homicide only if they found Penny not guilty of manslaughter for some reason other than a lack of justification.
"Manslaughter in the second degree is dismissed," Wiley told the jurors before sending them home Friday. "What that means is you are now free to consider count two. Whether that makes any difference, I have no idea."
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