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Daniel Penny manslaughter charge dismissed as jury breaks for weekend

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Daniel Penny manslaughter charge dismissed as jury breaks for weekend

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NEW YORK CITY — Jurors on the Daniel Penny chokehold trial returned to deliberations for a fourth day Friday for just an hour before telling the court they could not come to an agreement on the top charge, manslaughter, as they weigh the fate of a 26-year-old Marine veteran and architecture student accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway car.

Around 11 a.m., the jurors sent a note to the court stating, “We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on count 1 – manslaughter in the second degree.” 

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The judge sent them back to deliberate more, but they told the court shortly after 3 p.m. that they still could not reach a unanimous decision.

The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.

DANIEL PENNY TRIAL: JURORS ASKED TO SEE KEY EVIDENCE AGAIN DURING DELIBERATIONS

Daniel Penny departs the Manhattan Criminal Courthouse in New York City on Thursday. (Adam Gray for Fox News Digital )

The judge initially ruled that the jury could not deliberate on the second charge unless they found Penny not guilty of manslaughter by some reason other than that the chokehold was justified. However, after jurors said they were deadlocked a second time, Assistant Manhattan District Attorney Dafna Yoran asked to have the top charge dismissed to allow the jury to debate the lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.

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The judge agreed and sent the jury home for the day. They will resume deliberations Monday, only on the second charge.

“Manslaughter in the second degree is dismissed,” Wiley told the jurors. “What that means is you are now free to consider count two. Whether that makes any difference, I have no idea.”

Wiley earlier gave the jurors “Allen charge” instructions after giving the attorneys time to review, but they still failed to reach a consensus.

DANIEL PENNY TRIAL: KEY EVIDENCE JURORS ASKED TO SEE AGAIN DURING DELIBERATIONS

Allen charges refer to jury instructions given to a hung jury urging them to agree on a verdict. They have a controversial history, with critics warning they can push jurors to change their views under peer pressure. They get their name from an 1896 Supreme Court decision in Allen v. United States.

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Penny’s defense asked for a mistrial to be declared, but the judge said he would give jurors more time and read them the Allen charge instructions.

Wiley told the jurors their vote must be unanimous, and if they cannot reach a unanimous verdict on the top charge, a new trial will have to be set with a new jury.

Jordan Neely is pictured before going to see the Michael Jackson movie “This Is It” outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square, New York, in 2009.  (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

“You’ve been a very good jury, and there’s no reason to think that any other jury in a future trial will be any more intelligent or fair than you are,” he said.

Wiley asked them not to violate their consciences but to look at the facts again with a “fresh slate.”

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“Given the factual complexity of the case, I don’t think it’s been too long,” he said.

Wiley sent them back to the jury room just after noon to pick up deliberations, and 30 minutes later they asked the judge to clarify the definition of a 
“reasonable” person as they continue to weigh whether Penny’s actions were reasonable and justified or criminally reckless. 

“They are being very deliberate and have since sent a note regarding the reasonable person standard. This reflects on the justification charge. If the jury does find the Government failed to disprove justification, the charges, including the top count, will be dismissed.”

— Steven Raiser, Penny defense attorney

MANHATTAN DA’S DOWNPLAYING OF DANIEL PENNY’S POTENTIAL PUNISHMENT ‘IMPROPER AND MISLEADING’: DEFENSE

During a lunch break, Penny attorney Steven Raiser told Fox News the jury’s latest question showed they were thinking hard about the top charge.

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“They are being very deliberate and have since sent a note regarding the reasonable person standard,” he said. “This reflects on the justification charge. If the jury does find the Government failed to disprove justification, the charges, including the top count, will be dismissed.” 

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

“A deadlocked jury on the top charge is not a victory for the defendant in a case that should never have been brought to begin with,” said Paul Mauro, a former NYPD inspector. “Daniel Penny is a young man spending thousands on attorneys, he faces a civil case, and a district attorney’s office that has chosen ideology over law enforcement may well retry him if we get a mistrial. His liberty remains at risk. This is not justice.” 

Neely was a 30-year-old with schizophrenia who told straphangers that someone was going to “die today” and that he didn’t care about going to prison for life. Penny grabbed him from behind in a chokehold to stop the outburst.

Neely later died. He had an active arrest warrant at the time. He was high on K2, a synthetic marijuana drug that functions as a stimulant, and his lengthy criminal record included a 2021 assault on a 67-year-old woman at another subway station.

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JORDAN NEELY’S DAD FILES LAWSUIT AGAINST DANIEL PENNY AFTER SUBWAY CHOKEHOLD

Daniel Penny arrives at Manhattan Criminal Court in New York City on Thursday. (Adam Gray for Fox News Digital)

Penny remained at the scene and spoke with responding officers. He also agreed to speak with NYPD detectives at the 5th Precinct building.

“He was talking gibberish… but these guys are pushing people in front of trains and stuff,” he told investigators. There were more than 20 subway shoves in the year before Penny’s encounter with Neely.

Just three days earlier, a subway rider had been stabbed with an ice pick on a J train, according to reports from the time. It was about a month after a PBS reporter got sucker punched on a No. 4 train. There was a shove a week before that, and the victim hit the side of a moving R train and survived.

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In that climate of fear, witnesses said they were terrified by Neely, who shouted death threats at them.

Witness Ivette Rosario, a 19-year-old student, testified that Neely shouted someone would “die that day.”

Penny faces a maximum punishment of 15 years in prison if convicted on the more serious charge.

Fox News Research contributed to this report.

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Northeast

Democratic socialist Mamdani ally mounts bid for US House of Representatives

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Democratic socialist Mamdani ally mounts bid for US House of Representatives

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New York state Assemblymember Claire Valdez, an ally of New York City Mayor Zohran Mamdani, has mounted a bid for the U.S. House of Representatives.

“I’m a union organizer, Assemblymember, and democratic socialist running for Congress in NY-07. I came to politics through low-wage jobs and the labor movement. That’s the perspective I’ll bring to Washington to take on oligarchy, fascism, and war — and win for working people,” she wrote in a post on X.

Valdez has called for the abolition of U.S. Immigration and Customs Enforcement (ICE).

‘THE PEOPLE’S QUR’AN’: MAMDANI ANNOUNCES NYC QURAN EXHIBIT WITH BOOK BELONGING TO REVOLUTIONARY ACTIVIST

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New York Assemblymember Claire Valdez.  (Erik McGregor/LightRocket via Getty Images)

“When we called this administration fascist last year, we were called hyperbolic. We were called hysterical,” she said in recent public remarks. 

“We must abolish ICE at the federal level,” she asserted, calling it a “militarized terrorist organization that is destroying our country.”

Her campaign website makes clear that she is an advocate for “Medicare for All.”

NYC MAYOR ZOHRAN MAMDANI SET TO EARN NEARLY $260K, ABOUT 80% MORE THAN HIS PRIOR SALARY

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New York City Mayor Zohran Mamdani attends a news conference at the headquarters of the NYPD on Jan. 6, 2026, in New York City. (Spencer Platt/Getty Images)

“Claire will fight to pass Medicare for All, paid for by taxing billionaires and corporations that have rigged the system, and deliver universal health care for every New Yorker,” the site notes.

“Housing is a human right — but Congress has chosen to side with landlords and speculators instead of working people. Claire will fight to guarantee safe, affordable housing for all, because housing is not a commodity. It’s a necessity,” the site also states.

NOEM REPORTS MAMDANI-DHS TALKS HAVE ‘NOT BEEN PRODUCTIVE,’ SAYS NYC MAYOR ‘CHOSE TO STAND WITH ILLEGALS’

Rep. Nydia Velázquez, D-N.Y., holds a “Musk Steals” protest sign with fellow Democrats as President Donald Trump speaks during an address to a joint session of Congress at the U.S. Capitol in Washington, D.C., on March 4, 2025. (WIN MCNAMEE/POOL/AFP via Getty Images)

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Valdez will compete in a Democratic primary in June for the seat being vacated by Rep. Nydia Velazquez, D-N.Y.

Velazquez, who currently represents the Empire State’s 7th Congressional District, is not seeking re-election in 2026. Brooklyn Borough President Antonio Reynoso already announced his 2026 primary bid for the House seat last year.

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Boston, MA

Boston Catholics offer mixed views on pope’s remarks following US operation in Venezuela – The Boston Globe

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Boston Catholics offer mixed views on pope’s remarks following US operation in Venezuela – The Boston Globe


Digennaro’s wife, Judy, shook her head in disagreement.

“I feel quite the other way,” said Judy Digennaro, 72. “It might start rifts, but what’s most important is people talking, and that’s what the pope is trying to do.”

During a news conference with Vatican reporters in December, the pope called for dialogue between the United States and Venezuela. On Friday, he said violence had replaced dialogue as a means of resolving conflict and reiterated an earlier call to “respect the will of the Venezuelan people, and to safeguard the human and civil rights of all, ensuring a future of stability and concord.”

Some local Catholics said the remarks felt like an overstep. David Digennaro said he supports the Trump administration’s move to shift Venezuela’s leadership away from Maduro and would prefer the pope to limit his comments to humanitarian issues.

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“If he’s talking about the people that live [in Venezuela,] that’s fine,” he said. “But if he’s referencing Maduro, that’s politics, and I’d turn away from it.”

Outside St. Clement Eucharistic Shrine in Back Bay, parishioners in crisp suits and colorful dresses filed out onto the sidewalk after Mass on Sunday afternoon. Several people said the pope’s address had not been mentioned during the service and praised the clergy for keeping the news separate from religious teaching.

Others voiced support for Pope Leo’s broader message of peace and dialogue but said they prefer that the pontiff avoid specifics.

Jordan Williamson, 35, of Quincy, said the pope is not the authority on international affairs. She said she looks to politicians for details about global conflicts and to Leo for moral guidance.

“The pope should be a moral voice that lays down the framework for why we do things,” said Williamson, who has attended the Boylston Street church for more than a decade. “But we all have jobs … and Mass is meant to transcend all of that.”

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Williamson’s friend, Sandra Pastrana of Arlington, agreed, saying she often steers her Bible study group away from political debate. Still, she said she recognizes that there are moments when religious leaders need to speak their minds.

“It’s never good for the church to get involved in politics, but as a moral voice of how the world should live within what’s going on, the church has a duty to say these things,” said Pastrana, 63.

Judy Digennaro said Leo’s address was encouraging, adding that society cannot move forward positively without open discussion.

“I’m happy when the pope has something to say and when he promotes peace and justice,” she said. “As Catholics, that’s what we’re all about, so if he’s willing to speak and say something, all the better.”

Many Boston churchgoers were unaware of the pope’s address and said that they focused more on the words of their individual priests.

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Gobran Hanna, an electrical engineer who moved to Cambridge in June and attends St. Clement Eucharistic Shrine, said he tends to spend time with members of the Catholic community who are less focused on politics, but conversations with fellow congregants about Israel, Ukraine, and Venezuela help keep him informed about global affairs.

Hanna said he welcomes Leo’s efforts to speak out against international injustices.

“When the pope makes a statement that might be related to politics, I look at that and see how it applies to my own life,” said Hanna, 23. “It’s not about somebody on this side or somebody on that side, it’s about how we can apply the lessons that the pope is teaching us.”


Lila Hempel-Edgers can be reached at lila.hempeledgers@globe.com. Follow her on X @hempeledgers and on Instagram @lila_hempel_edgers.





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Pittsburg, PA

Nearly a Century Old, This Sears House Kit Home in Fineview is Still Fine | Pittsburgh Magazine

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Nearly a Century Old, This Sears House Kit Home in Fineview is Still Fine | Pittsburgh Magazine


Built in 1928, the hillside home is packed with original millwork, charming details and loads of storage.

PHOTOS BY DONNELLY MEDIA, LLC

When Alena Taylor Keefe was in elementary school, her family moved to 2035 Biggs Ave. in Pittsburgh’s Fineview neighborhood.

The year was 1975, and she recalls being delighted with the Craftsman-style home built from a Sears housing kit that her family would call theirs for the next 50 years.

“It’s a place that you can call home,” she says. “Some places you can’t really say that about, but it’s just such a great family home.”

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33 Biggs 32

Built in 1928, the house has three bedrooms and one bathroom packed into 1,500 square feet.

“I grump about the fact that there’s only one bathroom and the kitchen is small because I love to cook, but I still made it work for many family suppers,” Keefe says. “We hosted holiday dinners where we extended the dining table into the living room to accommodate everybody. It was just home.”

03 Kitchen

The first floor of the home has that small, yet functional kitchen, a nicely sized dining room and a large living room that spans the front of the home. Keefe warmly recalls coming down the front staircase on Christmas mornings and posing in formal dresses beside the steps before school dances. She says her family also enjoyed the long front porch that runs along the living room.

“My dad would come out and read the newspaper, and I’d be on the swing with my mom while she worked on her crochet,” she says.

On the second floor, three equally sized bedrooms share a hallway bathroom with double sinks. A set of pull-down stairs leads to ample storage under the eaves.

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07 Dining

Now in their 80s, Keefe’s parents have moved to a maintenance-free home near Keefe’s current home in Beaver County, so they can continue to enjoy family dinners together, but without the responsibility of home ownership.

While Keefe is wistful about selling the home her parents carefully loved for half a century, she is certain a new buyer will recognize its charm and value.

“So much has never been touched,” she says. “There is original woodwork, an original fireplace that still has a coal chute to the outside and a lovely built-in China cabinet in the dining room.”

18 Bedroom 1

Keefe also touts the home’s plentiful storage; there’s a clean, dry basement, attic storage and a detached two-car garage with a lower level could be space for a workshop, studio or general storage.

Keefe notes the roof was replaced in the last decade; there also were updates to the HVAC, including adding air conditioning, and the family replaced the upstairs flooring in preparation to sell the carefully maintained home.

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30 Rear Yard

The house is now listed by Brian Larson of Howard Hanna for $245,000. He says it checks all the right boxes for a first-time homebuyer — or anyone shopping for a clean, well-maintained home.

“This is a home that has clearly been loved and lived in with care,” says Larson. “Over the years, attention has been given to maintaining and improving the property in a way that supports comfortable, everyday living. While no home of this era is ever ‘finished,’ per se, the overall condition reflects consistent stewardship rather than deferred maintenance.”

34 Neighborhood 1 With Pin

Larson says buyers should not have issues with financing for this home, including loans through the Federal Housing Administration or other specialized lending programs. Priced right around the city’s median home price, Larson encourages shoppers to check it out.

“Many first-time buyer programs are available that may offer down payment assistance and competitive interest rates, helping make homeownership more attainable for qualified buyers,” he says.

Larson adds that he loves the sun-soaked room that runs along the front of the home, as well as the wide front porch and the property’s proximity to Fineview Park.

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“Fineview is also known as one of the best vantage points in the city for fireworks and skyline views,” he adds. “With convenient bus access and an easy commute to Downtown, the neighborhood offers a unique blend of tranquility, accessibility and city connection.”

25 Front Porch View

Keefe says that while the neighbors have changed over the course of 50 years, her family has always been thankful for the close-knit Fineview community.

“There are some chickens running loose, but everybody up there is so kind,” she says with a laugh. “The mailman lives up on the corner; everybody knows everybody. It’s just so nice.”

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function changeURL(pic){
basepath = window.location.pathname.replace(//pic/?([0-9]+)/?$/i,”/”);
if(isNaN(pic)) return;

path = basepath + “pic/”+pic+”/”;

title = “Pic “+pic;
if (typeof(window.history.replaceState) == “function”) {
efficientlyReplaceState(title, path)
} else {
window.location.hash = path;
}
}

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function get_slide_by_attachment_id(id){
var slide=$slider.find(“.slides li[data-attachment_id=”+id+”]”).attr(“data-i”);
return parseInt(slide, 10);
}

function gtx_track_slide( slide_obj ){
if(slide_obj){
var slide = slide_obj.animatingTo;
}else{
var slide = 0;
}
$active_slide=$all_slides.eq(slide) ;

if(!avoid_next_pageview){
try{
var loc = location.pathname + “#slide” + (parseInt(slide) + 1);

if (rayos_gtm_gallery_pageviews) {
// Add gallery navigation info to dataLayer
window.dataLayer = window.dataLayer || [];
window.dataLayer.push({
‘event’: ‘rayos_virtual_pageview’,
‘location’ : loc
});
}

// Legacy support for GA tracking
ga(“send”, “pageview”, loc);
if (ga.getByName(“gtxcelTracker”)) {
ga(“gtxcelTracker.send”, “pageview”, loc);
}
}catch(err){

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}
}
avoid_next_pageview = false;
}

//Add a callback on ad render
googletag.cmd.push(function() {
googletag.pubads().addEventListener(‘slotRenderEnded’, function(event) {
var slotName=event.slot.getSlotElementId();
if(typeof adslots[slotName] !==”undefined” && !event.isEmpty){
$slider.clearQueue();
$slider.removeClass(“gtx-gallery-loading”);
}
});
});

jQuery(“#gtx-gallery-thumbs-350640”).flexslider({
animation: “slide”,
controlNav: false,
animationLoop: false,
slideshow: false,
itemWidth: 100,
itemMargin: 5,
move: 1,
//asNavFor: “#gtx-gallery-slider-350640”,
prevText: “”,
nextText: “”,
after: gtx_gallery_thumbs_after,
after: gtx_gallery_thumbs_before
});
$thumbs=$(“#gtx-gallery-thumbs-350640”).data(“flexslider”);
$thumbs.find(“li.gtx-thumb-img”).first( ).addClass(“flex-active-slide”);

$(“#gtx-gallery-slider-350640”).flexslider({
animation: “slide”,
pauseOnHover: true,
controlNav: false,
//animationLoop: false,
//slideshow: false,
//sync: “#gtx-gallery-thumbs-350640”,
prevText: “”,
nextText: “”,
slideshow: false,
init: gtx_gallery_slide_init,
start: gtx_gallery_slide_start,
before: gtx_gallery_slide_before,
after: gtx_gallery_slide_after
});

if(mobile_mode){
$slider.find(“.flex-direction-nav”).hide();
}

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});





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