Daniel Penny trial trending toward possibility of hung jury

(NewsNation) —  The assemblage successful the high-profile proceedings of Daniel Penny continues to measurement the ex-Marine’s justification for placing Jordan Neely successful a chokehold for respective minutes connected a New York City subway, but whitethorn upwind up deadlocked.

The assemblage has sent 5 antithetic notes to the justice requesting cardinal pieces of grounds since it began deliberations connected Tuesday. The cardinal contented facing the 7 women and 5 men is whether Penny was justified successful placing Neely successful the chokehold aft witnesses said Neely was threatening passengers connected the train.

Penny has pleaded not blameworthy to charges of manslaughter and criminally negligent homicide.

Among the grounds the assemblage has requested are transcripts from grounds from immoderate of the 40 witnesses who testified during the seven-week proceedings and compartment telephone video of Penny placing Neely successful the chokehold for astir six minutes. On Wednesday night, the assemblage requested a circumstantial portion of the grounds of the aesculapian examiner successful which she discussed issuing a decease certificate without toxicology results.

The assemblage has besides requested video of New York City constabulary assemblage cam footage on with video of Penny’s interviews with New York City constabulary investigators.

Part of the grounds the assemblage re-heard Wednesday came from New York City aesculapian examiner Dr. Cynthia Harris, who testified said the autopsy study and video changeable by bystanders and investigative reports provided her each the accusation she needed to scope the decision she did successful determining the origin of Neely’s death.

“No toxicological effect imaginable was going to alteration my opinion,” Harris said, adjacent if they showed “enough fentanyl to enactment down an elephant.”

Toxicology results aboriginal showed the beingness of the cause K2 –  a synthetic marijuana - successful Neely’s system. A pathologist who testified for the defence said that Neely died from a operation of factors alternatively than from the chokehold arsenic the prosecution maintains.