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Brian there on WNYC.

We'll talk now about the acquittal of Daniel Penny.

The acquittal surprised many people who thought there would be some kind of conviction

for no other reason than because he had Jordan Neely in that chokehold on that F train for six minutes,

even after Neely defecated on himself.

And the public saw a video of one of the writers saying, enough, you're going to kill him. So how did the jury acquit Daniel Penny? WNYC

and Gothamist public safety reporter Samantha Max was in the courtroom covering the trial,

and she joins us now. Hi, Sam.

Thanks for coming back on the show.

Hi, Brian.

And listeners, we can take some questions about evidence in the trial and the jury's decisions at 212-433.

WNYC, call or text, 212, 433-9692. Have jurors commented publicly that you've seen on their reasoning?

Not that I am aware of at this point. I mean, all of these jurors have been kept anonymous,

so we know what they look like and I have information about them from when they

were questioned during jury selection, but we don't know their names. And given kind of the

division over the case, I would not be surprised if many of them want to state that way.

They had a hung jury on the more serious charge of manslaughter, but acquitted penny on the less

serious charge of criminally negligent homicide. Is it clear how that happened? It would seem to

be backwards being more open to the more serious charge. Yeah, it's a good question. I mean,

basically these two charges are very similar, and kind of the

difference between them is just a sense of mindset, essentially. So they would have never been able

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