Update:
The manslaughter charge is dismissed against Penny, but the criminally negligent homicide charge remains.
The jury was still deadlocked after spending all day deliberating again, per the judge’s instructions.
The prosecution moved to dismiss the singular manslaughter count, hoping jurors could comprise on the criminally negligent homicide charge. The defense objected, arguing that this could be considered “coercive” toward them finding a verdict. The judge also expressed concerns over whether the law supports such a move in a case like this.
Moreover, it could set a precedent encouraging prosecutorial offices to over-charge defendants, the defense added.
Following back-and-forth between parties, the judge eventually granted the prosecution’s dismissal motion and sent the jurors home for the weekend, despite the defense’s objections. Then, they’ll reconvene Monday morning and deliberate once more, this time only on the negligence charge.
“You are now free to discuss Count 2,” the jury told jurors. “You’ll render a verdict on that one.”
This is “precisely what Bragg was hoping for in setting up a possible compromise verdict,” says Turley.
Jurors are instructed to continue deliberating under an Allen charge, after the defense asked for a mistrial, saying such would be “coercive.” The judge disagreed, saying