Daniel Penny 'overcharged' by prosecution in 'patently unfair' move, attorney argues: 'Miscarriage of justice'

Attorney Brian Claypool shredded the Daniel Penny trial as a "miscarriage of justice," telling "Fox News Live" the prosecution "overcharged" him.

Jurors failed to reach a unanimous agreement twice, prompting the dismissal. Taylor Penley is an associate editor with Fox News.

"I thought when this case started that this prosecutor overcharged Daniel Penny. This never was a second-degree manslaughter case; that requires Penny to intend to harm Jordan Neely. That requires proof that Penny knew and had reasonable belief to know that Jordan Neely was going to die because of this chokehold and still did it," Claypool said.

"There's no facts to support that, so these prosecutors overcharged, knowing they'd never get a conviction on second-degree manslaughter, and then got what they wanted. Then they get the judge to say, 'Well, you can't agree on that one, but let's go to the lesser charge, which is easier to prove.' What that does is it induces jurors to throw up their arms after they've been deliberating three or four days and say, 'OK, let's just get them on the lesser charge,' so it's patently unfair, and that's a miscarriage of justice."