Jury hit with Allen charge following deadlock

On Friday, jurors told Wiley that they were deadlocked and unable to reach a unanimous decision. According to Blavity and NBC News New York, they could not proceed with the criminally negligent homicide charge unless they reached a consensus on the manslaughter count.

“What that means is you are now free to consider count two. Whether not that makes any difference or not, I have no idea,” ABC News reported Wiley said before deliberations concluded for the weekend.

Wiley issued the jury an Allen charge, typically used in cases of a hung jury, but encouraged them to continue deliberating despite being deadlocked. He also gave both sides time to plan their next steps. The defense’s mistrial requests were dismissed, while the prosecution raised the possibility of a new trial.

Daniel Penny trial

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