Legal expert Brian Claypool criticizes the prosecution's strategy in the Daniel Penny trial, alleging they intentionally brought excessive charges against the Marine veteran, anticipating a focus on a less serious offense. The initial second-degree manslaughter charge was dismissed by the judge after the jury failed to reach a verdict, leaving the lesser charge of criminally negligent homicide for consideration.

Claypool argues that the prosecution's approach was unjust, claiming the second-degree manslaughter charge lacked sufficient evidence. He believes the prosecution's tactic pressured the jury to settle on the lesser charge after days of deliberation, leading to a potential miscarriage of justice. The prosecution's initial strategy, according to Claypool, hinged on the jury's difficulty in convicting on the higher charge, paving the way for a more attainable conviction on the lesser charge. This tactic, he contends, is unfair to the defendant.

Daniel Penny at Manhattan Supreme Court on Friday, November 22, 2024. Penny faces charges related to the 2023 death of Jordan Neely on a New York City subway train. (Rashid Umar Abbasi for Fox News Digital)

Penny's legal team expressed cautious optimism about the remaining charge being dismissed, hoping to move past this difficult period and concentrate on the recently filed civil lawsuit addressing similar accusations.

Jordan Neely in 2009 outside the Regal Cinemas in Times Square, New York. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

The case stems from an incident where Penny allegedly used a chokehold on 30-year-old Neely, leading to his death. The incident occurred after Neely made threatening statements to subway passengers.