MSNBC Host Katie Phang Accuses Daniel Penny of ‘Murder’ In Subway Death of Jordan Neely

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Katie Phang Cynthia Alksne MSNBC The Katie Phang Show 5-13-23 What it’s with MSNBC hosts and their proclivity, in racially-charged circumstances, to recklessly accuse individuals of “homicide?”

Again in 2012, we caught Joe Scarborough branding George Zimmerman a “assassin” within the demise of Trayvon Martin. Scarborough’s accusation got here earlier than Zimmerman had even been arrested. And when Zimmerman was in the end cleared of all fees, Scarborough declined to concern an apology.

Right this moment, strolling in Scarborough’s sordid footsteps, MSNBC host Katie Phang accused Daniel Penny of “homicide” within the demise of Jordan Neely, the person Penny subdued in an NYC subway who had been appearing in an aggressively threatening method.

MSNBC authorized analyst Cynthia Alksne, a former federal prosecutor, poured a bucket of chilly realism on Phang’s irresponsible accusation. She stated this was not a case of homicide, and that the cost of 2nd-degree manslaughter was the best one.

Furthermore, Alksne repeatedly opined that it’s seemingly that the case would lead to a hung jury, with not less than one juror concluding that Penny was doing the best factor in defending himself and his fellow passengers from the threatening Neely.

Phang additionally stated that the case has introduced consideration to the “mistreatment of homeless New Yorkers.” And Phang accused Penny’s attorneys of making an attempt to “taint the jury pool” by releasing Neely’s felony document. 

What in regards to the “mistreatment” of law-abiding New Yorkers, Ms. Phang? Folks afraid to enter the subway given the wave of assaults by deranged, violent individuals? The actual outrage is that NYC’s lenient felony justice system had left Neely, and equally sick and violent individuals, free to roam the streets and subways regardless of their repeated felony conduct. 

Neely had been arrested 40 instances.  In 2021, he was convicted of felony assault for attacking an aged girl as she exited the subway, breaking her nostril and an orbital bone. But Neely apparently didn’t spend a day in jail.

Alskne did protect some liberal road cred by saying she believes that Penny ought to be convicted on the second-degree manslaughter cost. However give her credit score for pushing again on Phang’s irresponsible “homicide” accusation towards Penny.

On her MSNBC present, Katie Phang accusing Daniel Penny of “homicide” within the subway demise of Jordan Neely was sponsored partially by T-Cellular, GlaxoSmithKline, maker of the Shingrix vaccine, Dr. Scholl’s, and Subway. 

Here is the transcript.

MSNBCThe Katie Phang Show5/13/238:16 am EDT

KATIE PHANG: In line with Juan Alberto Vazquez, who recorded the altercation, 30-year-old Jordan Neely boarded a subway on Could 1st in decrease Manhattan, and started shouting. And the scenario escalated, when Penny, a former Marine, put Neely in a  chokehold for what Vazquez stated was almost quarter-hour.

Neely was later pronounced lifeless on the hospital, and his demise was dominated a murder. The video of the incident shortly circulated on social media, prompting days of protests, and debates on the mistreatment of homeless New Yorkers. 

Daniel Penny surrendered yesterday, and is presently launched on a $100,000 bond. He is anticipated again in courtroom on July seventeenth.

Becoming a member of me now could be Cynthia Alksne, MSNBC authorized analyst and former federal prosecutor. Good morning Cynthia, it is at all times good to see you.

Let’s begin with Jordan Neely, and his, um, his tragic homicide.

His household is pushing for Daniel Penny to be charged with homicide. Why do you suppose D.A. Alvin Bragg went with second-degree manslaughter as a substitute of homicide? And may a grand jury truly return an indictment for a extra critical cost?

CYNTHIA ALKSNE: Yeah, the State of New York might, the individuals of New York have six months from the time of the arrest till the grand jury makes a last choice.

However I’ve to say, I feel that is in all probability the best cost. You recognize the homicide one is, the homicide one actually has an intent to kill. And I feel you are gonna be capable to show that he went with an intent to kill, and even throughout the chokehold. 

A person one, which is a voluntary manslaughter, can be he supposed to trigger critical bodily damage, after which it ended up inflicting demise. 

The second-degree manslaughter is, it appears to suit the invoice. It is a reckless murder. His conduct was reckless. The chokehold created a really critical, unjustifiable threat of demise, that he disregarded the danger. And his conduct, the third component for the prosecutors, is that it grossly deviated from how an inexpensive particular person would act in related scenario. That does appear to suit the invoice.

I’ll let you know that, having tried circumstances in New York, I imply, I do know it has been some time, however I’ve tried circumstances in New York. And I am not gonna be shocked if this can be a hung jury when it comes all the way down to it in the long run. My guess is the man doesn’t plead. There is a minimal on this, it is as much as 15 years, a category E felony, however there’s a minimal, and my guess is from the best way his lawyer sounded, he does not plead and he rolls his cube with the jury. And I’d guess that it hangs.

. . . 

We’ve got to be actual about what occurs in jury circumstances. I imply, any conviction needs to be unanimous. It is going to be past an inexpensive doubt. There might be 12 New Yorkers, and I feel we have to put together our viewers, and People, that to me, any individual who’s tried circumstances, you’ve got tried circumstances, I would like to know your opinion too.

To me, it is rather believable that not less than one particular person on a jury will say, you realize what, the man was scary, subways are scary, he was speaking nonsense, and this Marine, who was, served honorably in our nation, was simply making an attempt to assist us, and maintain on to him till police can get there.

I do not agree with it. I feel it is correctly charged. I feel he ought to be convicted. However I feel we must be trustworthy with individuals about what might simply occur within the courtroom.

. . . 

PHANG: On this occasion although, how essential do you suppose the jury choice course of goes to need to be?

ALKSNE: Yeah, I feel it’s totally, I feel it is the ball sport . . . I feel you are proper to concentrate on the jury choice. And proper now, we simply do not understand how the long run will have an effect on jury choice. However I agree, it is the ball sport on this case.

PHANG: And I feel Cynthia, that is why you noticed Daniel Penny’s authorized crew launch a press release, earlier than he was even arrested or charged with against the law, calling into, highlighting the historical past, the felony historical past of the sufferer on this case. I feel in an try and taint a possible jury pool.

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