George Washington University law professor Jonathan Turley said Tuesday that Manhattan District Attorney Alvin Bragg’s effort to prosecute ex-Marine Daniel Penny ended up sending a “mixed message” — step up to protect the public and the justice system may “come after you.”
A Manhattan jury found Penny not guilty Monday on charges of criminally negligent homicide in the death of Jordan Neely after a judge dismissed a manslaughter charge against the Marine veteran. Turley said that Penny spent “a year going through hell” because of Bragg’s prosecution in the wake of Neely’s death after Penny restrained on a New York City subway in May 2023.
“Fortunately, the result is something that everyone can celebrate. But, really, this jury was speaking not just in terms of themselves, but I think in terms of the city at large,” Turley told “Fox and Friends” co-host Lawrence Jones. “At the end of this process, this was a very strong voice that in New York, you really don’t have to walk away, you don’t have to just watch.”
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“But the problem here is the mixed message by Bragg. He put this person through hell. I mean, he put him through a criminal trial, he’ll now face a civil trial brought by the family and the question is what was it that Bragg was representing?” Turley continued. “Ultimately, the criminal justice system protects the most fundamental values. What is the value here? Across the city in the other case involving the shooting of this CEO, you had the mayor saying, you know, this shows people need to step forward and act. Well, just blocks away, you just tried a guy, at least Bragg did, who did precisely that and he has spent a year going through hell.”
Police in Altoona, Pennsylvania, arrested Luigi Mangione Monday following a five-day manhunt after United Health Group CEO Brian Thompson was killed in a Dec. 4 shooting just outside a Manhattan hotel while en route to a conference. Jones asked if Penny’s acquittal would see the end of “political prosecution.”
“Well, the question is, who really is the constituency of Alvin Bragg? I think you saw many of those voices outside the courthouse that were filled with rage and anger at this verdict, some even threatening Penny not to remain in New York City,” Turley responded. “But you know, beyond that mob is the rest of New York City and they need to look at this case in a more broad sense: This is what you have come to.”
“You have a prosecutor who takes an individual like this, who should be celebrated as a hero, in fact, was celebrated by a hero by people in that car and you have prosecuted him and fortunately, other people stepped forward to help support him,” Turley continued. “But that’s the message that’s being sent. You step forward, don’t look for support. In fact, we could very well come after you.”
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