Daniel Penny Case – There But For Fortune May Go You Or I
We have to stop this system where, for political reasons, we are all at risk.
Here is my ‘hot take’ on the Daniel Penny case, which ended this morning with a Not Guilty Verdict on the lesser charge of Criminally Negligent Homicide, after the jury hung on Friday on Second Degree Manslaughter and the judge dismissed the case rather than declare a mistrial.
I make mention of Phil Ochs’ song, There But For Fortune, which you can listen to at the bottom of this post.
Transcript auto-generated, may contain transcription errors; lightly edited for transcrip clarity.
There was a not-guilty verdict in the Daniel Penny case this morning on the criminally negligent homicide charge, which is the lesser of the charges. On Friday, there was a hung jury in the second-degree manslaughter charge, and the judge dismissed the charge in a very questionable legal move, which might potentially leave this open to retrial. That’s something that would be disputed.
My overwhelming reaction to it, obviously, was joy. Good for him—he should never have been put on trial.
This was another travesty of justice, a prosecutorial travesty of justice in New York City, just like the multiple trials and indictments of Trump. Highly politicized prosecutions from an office that never would have brought these charges in all likelihood had it not been for pressure from activists.
This is a victory for him, obviously, but look at what he had to go through. My big takeaway here reminds me of the Phil Ochs song, which was actually written for him by Joan Baez and one I listen to all the time: There but for Fortune could go you or I.
That’s really what this case is about. It wasn’t really about Daniel Penny, it wasn’t really about the trial, and it wasn’t really about the verdicts. It’s about the fact that we live in an era where prosecutors—Democrats, Soros-backed prosecutors—are so highly politicized that we’re all at risk.
There but for Fortune could have gone you or I if we were in that subway car. No good choices—you either defend yourself and other people, or you get subjected to the mercy of somebody threatening you. A person who came across clearly as psychotic and threatening. No good choices. There but for Fortune could go you or I.
What stands between that outlook and what we should have is a prosecutor who exercises sound discretion, who’s not politicized, who doesn’t give in to the howling mob. The mob outside the courthouse today was creating such a ruckus that the defense raised an objection to the trial continuing, to the deliberations continuing.
This is George Soros. I’ve said this before at the website: his evil genius is being able to find the weaknesses in a society. Whether it was the currency speculation where he made his billions tanking the British pound, or the way he has funded various non-governmental organizations to do his work, but particularly the way he funded prosecutors.
He found that there’s a weakness in our society. Prosecutors have almost unfettered power. They have close to absolute, if not absolute, immunity from civil suit for what they do as prosecutors.
But they are subject to the criminal laws, and I hope that our new incoming Department of Justice will examine these various Soros prosecutors, will examine whether there are any legitimate ways to prosecute them if the laws were broken.
Certainly, Alvin Bragg came up with very innovative, very questionable legal ways of resurrecting claims against Donald Trump. I think it’s up to the incoming Department of Justice to look at these Soros prosecutors and decide whether they are subject to the sort of legal theories they have used against others.
We have to stop this system where, for political reasons, we are all at risk. There but for Fortune could go we.
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Comments
I appreciate the Phil Ochs’ reference in Professor Jacobson’s analysis.
Beyond the Dhimmi-crats’ standard, contemptible racial dishonesty and incitement in these transparently political prosecutions, is something just as insidious and evil. It’s an unmistakably totalitarian callousness and bullying, gleefully exercised by despicable Party apparatchiks and corrupt/unethical/grandstanding “prosecutors” such as Alvin Bragg and Angela Corey (the latter of George Zimmerman show trial fame).
This phenomenon manifests itself as follows — not only will the State protect recidivist criminal sociopaths “of color” from arrest, prosecution and incarceration, it will viciously prosecute individuals who defend themselves and others from the predations of such sociopaths. So, the law-abiding citizenry gets it two ways — from the criminals, directly, and, from the State, if citizens possess the temerity to defend themselves or others from the criminals. This is how a totalitarian State behaves, which is basically what NYC and every other Dhimmi-crat-mismanaged municipality and State have now become.
I think it’s important to remind people the State Attorney in the Zimmerman case chose not to prosecute. Angela Corey was appointed as a special prosecutor by Governor Rick Scott at the urging of Attorney General Pam Bondi.
Solzhenitsyn described this tactic of excusing common criminals while persecuting dissidents as criminals in The Gulag Archipelago.
For the record: Phil Ochs wrote the lyrics and the tune for “There But For Fortune.” Joan Baez covered it and made it a hit.
The process was the punishment.
And, its not just that the DA was trying to punish him for having the audacity to defend himself and his fellow passengers.
The real point of bringing this case to trial was to discourage all *other* New Yorkers from ever stepping up to stop a violent criminal.
In this, the DA succeeded. Win or lose, he wins. Because, just by putting this gentleman through h3ll, he ensures that the entire population gets the message. Step up and act like a citizen, and the city’s legal system will absolutely ruin your life, bankrupt your family, destroy your reputation, and put a target on your back for violent attacks by rabid liberals and racists (BIRM).
I live in NYC. This is already a city of castrates & cowards, trembling and groveling before thugs and psychos – and it has been for decades. The reason why Daniel Perry responded anomalously, like a man, is because he was from out of town. No New Yorker would have defended the cowering passengers on that train.
How can Daniel Perry be made whole? Perhaps a well paying job in dismantling DOJ?
Rep. Eli Crane is proposing awarding him a Congressional Gold Medal. That sure would be a finger in Alvin’s beady eye and a shot across Letitia’s ample bow.
The saying is “There but for the grace of God go I”. The Ochs song is presumably an atheist reference to it.
True
Beat me to it.
Segregation of society based on content of character needs to happen, and soon.
We have seen the unequal justice dispensed on the basis of skin color.
We do have that — it’s just that productivity is the proxy. No one who can afford not living in a sh!thole does so. It has to be that way because economic discrimination is the only kind allowed. That’s why the housing costs are so high — it’s the only way to escape the morlocks.
As I’ve mentioned before in response to similar situations, I have sworn that when engaged in jury duty I will refuse to convict any person whose conviction would be unjust, no matter the “crime” or the statutes, and in the teeth of any jury instruction. Jury nullification, if conducted on a large enough scale, will discourage such outrages, as it put an end to prosecutions of those harboring fugitive slaves in the antebellum North.
I agree 100%! I do not have a blind allegiance to the “law” – some laws are unjust. I’ll even refuse to convict if the judge tells the jury to disregard anything that has been said in court. If they are trying to hide anything from the jury, it’s corrupt. There is a reason that there are still several people (6 or 12) on juries and not some AI algorithm.
Yes jury nullification (JN) is the way to go. That’s the main reason we have trials by jury– protection against a tyrannical state. The mere hint of JN will send many judges into a paroxysm of rage. Judge will say “there is no such thing as jury nullification, and you must follow the law (as the judge sees it). Of course a vote to acquit cannot be reversed, nor a juror punished. Prosecutors are very threatened by JN as we see with United States v. Heicklen. Merely handing out an informational pamphlet was a crime despite 1A and no specific juror involved. The charge was absurd, and eventually dismissed. But the process is the punishment.
” Jury nullification, if conducted on a large enough scale, will discourage such outrages, as it put an end to prosecutions of those harboring fugitive slaves in the antebellum North.”
Jury nullification also ensured that lynchers in the postantebellum would get off and it discouraged any such prosecutions in the future.
Still think jury nullifcation has no price? Remember too, that if you do decide to be a nullifier, your fellow jurors will likely rat you out, leaving you to the tender mercies of a likely liberally bigoted judge, e.g. Max Wiley. The, when the words so bravely typed on the keyboard today come back to you with a big bill attached, we will see if that bravery is enough to pay the price.
Ask the J6 defendants how that worked out for them. Even if pardoned, they’ve been in the klink for a long time, and had to face the jeers and mockery of the prosecution and often the judge.
Unless my fellow jurors are telepaths, they won’t know why I refuse to convict, only that I do.
There is a way to clean up blue judicial systems, but it’s not likely to be chosen by many. Certainly not me.
Mass movement from red states by red citizens who can vote to boot the Braggs and the Wileys from the system.
I told you it would have a high price.
Moving to New York, Chicago or California is too high a price to pay
The Free State Project proved it isn’t easy.
Been a while since I was reminded of Phil Ochs.
There must be a thorough review of all criminal and civil litigation conducted by the DOJ for at least the last eight years. (As part of a larger review of everything.)
Any evidence of criminal or ethical misconduct must be investigated. If there is sufficient evidence to support charges, they must be pursued.
All by the book.
Who investigates the investigators?
Elvis Costello?
https://youtu.be/k1Qnt5bx1OI?si=bWOPOiu1nej3gZ2e
What investigators? Penny wasn’t investigated, he was framed.
The investigators, of course.
I would not take away the prosecutorial power because of what Soros had done tens of thousands of jurisdictions in this country don’t abuse that power.
Sadly this is a case where the jurisdiction gets what it votes for. The rest of us should stay out and let those who vote for satan to rule get what they voted for.
Prosecutors have been abusing their powers everywhere long before Soros was a factor. Remember Duke lacrosse and Mark Furman???
Or Dr Sam Sheppard. https://supreme.justia.com/cases/federal/us/352/910/
Or the hundreds (thousands?) of examples in the Jim Crow (Democrat) South.
It was dangerous to be black or a Republican.
Ty Professor, this is what needs to happen:
examine whether there are any legitimate ways to prosecute them if the laws were broken.
I firmly believe that this was a racial prosecution. This will continue until someone in the lawfare system goes to prison..
Looks like the Penny jury was hung 11 to 1 for acquittal on the manslaughter charge. The hold out folded on the lesser charge.
This is what I think also.
That sounds reasonable, but is there a good source for that, or are we working with conjecture?
Eventually one of the jurors will agree to an interview.
The purpose of Penny being prosecuted was at least in part (I believe in large part) to discourage folks from acting to defend themselves or others. The takeaway is not to do so unless one is in imminent danger personally and only then b/c the choice is prison, great bodily injury and death. Everyone needs to willing/able to.defend themselves b/c future interventions will be more scarce.
I rode the NYC subways starting at age 9. I went all over the city with my friend. As an adult, I rode the subways at all hours. One job required rotating shifts, and I remember changing from the IRT line to the IND line at 168 St on the West Side at night. I had to walk through a long deserted tunnel and take an elevator as the IRT line is buried much deeper. No one ever bothered me. No one that I can remember was ever pushed off a platform. No one threatened anyone in a subway car, at least when I was a rider.
So what happened? Why has NYC become a hellhole? Why are the subways so dangerous? I don’t have an answer other than the increasing depravity of New Yorkers, and corruption of city government. But NYC government was always corrupt. The people have changed. I think it started with the Kitty Genovese murder in 1964. A black hate crime against a white woman. Now it appears to be open season on white people in NYC. The Penny prosecution is simply rubbing out noses in it. The acquittal, while good news for Penny, will make no difference. The depravity will continue. Stay away from NYC.
One big reason is de-institutionalizing the severely mentally ill.
As Ochs also sang, “I’m sure it wouldn’t interest anybody, outside of a small circle of friends.”
Particularly the 1st verse.
I think of Penny Serenade.
Conspiracy after the fact charges should be filed agains the father who is suing Penny.
There’s no such thing as “conspiracy after the fact”. The son is dead, so how can the father have conspired with him? What crime did they agree to commit?
There is, factitiously.
Prof. J. : Thanks for your analysis. I find it touching and heartfelt, especially punctuated with the Ochs tune. I have the originals by both Ochs and Baez and they’ve been among my favorites since High School. You bring a human touch to this situation that is beyond the typical dry legal analyses offered by others.
Here, in Al. ,we have the Castle Doctrine, no Duty to Retreat, open and concealed carry of small arms, and I think there is also a Good Samaritan statute that states you cannot be prosecuted or civilly sued for legal self defense or legal defense of others. I doubt Penny would ever have been prosecuted here. I used to like NYC and similar places. Now I avoid them.
If anyone is interested in why Soros does what he does, I continue to recommend (mostly in vain) “Return of the Strong Gods” by R.R. Reno.
the deceased’s father needs to look in the mirror–he abandoned his son / family fifteen years ago–his neglect/disinterest is glaringly obvious and likely a contributing factor to his son’s fate–a good father would accept his responsibility in this–a good man would recognize also that penny (a good man himself) was right in acting to protect innocent people–something good men and women do for one another
the idea that daddy now wants to somehow profit from his neglect is disgusting
While we should all rejoice in Penny’s narrow victory, the lesson is far more chilling. It is not a new lesson.
Actions have consequences. The lesson here is that if you undertake to defend yourself or others–particularly if you are white and male and the perp is not–the consequences are likely to be dire. Instead of thanks for doing a good deed, you likely will be arrested, jailed and prosecuted with the intent of sending you to prison for a long time. You will be up against the awesome and near infinite resources of a malevolent government.
At best, all it cost you is a year or so of your life and likely your net worth.
Even if you prevail against the State–the bar for civil suits is a lot lower. If you have any net worth left–it may well go the the civil suit. Even if you prevail there–legal fees and a chunk of your life.
A substantial percentage of the population will revile you. You may have to relocate, and even that will not solve everything.
Worst case–hard time. Your life is over.
So…
If your choice is death or very serious injury to you or someone you love, defend yourself or them. The old adage that “I would rather be tried by 12 than carried by 6” still holds. But, be aware of the consequences.
Strangers? Walk on by. Biblical admonitions aside.
You may disagree. If so, you are a good person. As is Daniel Penny.