John Ashbrook

So it's the video that incites. It's the video that makes things much more important. And I think Greg had no choice but to put it into the grand jury. However, those of us who have been prosecutors know there are ways to put cases into the grand jury to kind of maybe get one result or another result. And they decided that they didn't overcharge the case.

I'm shocked they didn't ask for the higher charge of manslaughter in the first degree. But they got the manslaughter of the man too. It would be naive to say there wasn't a racial aspect to this, even though besides Daniel Penny, there was a black person holding him down. It's the reason. Well, the video was huge though, Megan. The video was huge.

I'm shocked they didn't ask for the higher charge of manslaughter in the first degree. But they got the manslaughter of the man too. It would be naive to say there wasn't a racial aspect to this, even though besides Daniel Penny, there was a black person holding him down. It's the reason. Well, the video was huge though, Megan. The video was huge.

I'm shocked they didn't ask for the higher charge of manslaughter in the first degree. But they got the manslaughter of the man too. It would be naive to say there wasn't a racial aspect to this, even though besides Daniel Penny, there was a black person holding him down. It's the reason. Well, the video was huge though, Megan. The video was huge.

When you watch a person's life get snuffed out, like you watched George Floyd's life, his leg, he's kicking, kicking, and then he just dies. That's one human who is killing another human. There's no doubt about that. And that's not the type of thing that we really need to examine.

When you watch a person's life get snuffed out, like you watched George Floyd's life, his leg, he's kicking, kicking, and then he just dies. That's one human who is killing another human. There's no doubt about that. And that's not the type of thing that we really need to examine.

When you watch a person's life get snuffed out, like you watched George Floyd's life, his leg, he's kicking, kicking, and then he just dies. That's one human who is killing another human. There's no doubt about that. And that's not the type of thing that we really need to examine.

I go back to this, who would I rather have on the subway? Of course. Jordan Neely or do I want Daniel Penny?

I go back to this, who would I rather have on the subway? Of course. Jordan Neely or do I want Daniel Penny?

I go back to this, who would I rather have on the subway? Of course. Jordan Neely or do I want Daniel Penny?

Well, that was in the summation. And I worked very, I was very supportive. I'll leave it at that with the team on Daniel Penny's case. They did a great job, Tom Kniff and Steve Reiser. But here's where the prosecutor messed up.

Well, that was in the summation. And I worked very, I was very supportive. I'll leave it at that with the team on Daniel Penny's case. They did a great job, Tom Kniff and Steve Reiser. But here's where the prosecutor messed up.

Well, that was in the summation. And I worked very, I was very supportive. I'll leave it at that with the team on Daniel Penny's case. They did a great job, Tom Kniff and Steve Reiser. But here's where the prosecutor messed up.

The jury's charge, when the judge told them, is you cannot deliberate on the lesser included of criminally negligent homicide until you have a verdict on manslaughter in second degree, the more serious charge. So they went under the assumption that... Well, we'll get him on the criminy negligent homicide, but we're not going to get there unless we give them an out on the man too.

The jury's charge, when the judge told them, is you cannot deliberate on the lesser included of criminally negligent homicide until you have a verdict on manslaughter in second degree, the more serious charge. So they went under the assumption that... Well, we'll get him on the criminy negligent homicide, but we're not going to get there unless we give them an out on the man too.

The jury's charge, when the judge told them, is you cannot deliberate on the lesser included of criminally negligent homicide until you have a verdict on manslaughter in second degree, the more serious charge. So they went under the assumption that... Well, we'll get him on the criminy negligent homicide, but we're not going to get there unless we give them an out on the man too.

So if they're hung on the man too, they can't get to crim neg. So we'll say, which is something we've never done before, dismiss the higher count and victim of the lesser count. And in fact, it backfired.

So if they're hung on the man too, they can't get to crim neg. So we'll say, which is something we've never done before, dismiss the higher count and victim of the lesser count. And in fact, it backfired.

So if they're hung on the man too, they can't get to crim neg. So we'll say, which is something we've never done before, dismiss the higher count and victim of the lesser count. And in fact, it backfired.

But what I just can't get my head around is how do you, as a defense lawyer, you defend against the more serious charge. You go through all the case. You're focused on the more serious charge. The jury deliberates, says they're hung. I defended the whole case. You defend the whole case based on the more serious charge. They're hung.