Fox News legal analyst Greg Jarrett weighed in on Judge Maxwell Wiley – the judge in Marine veteran Daniel Penny’s controversial case – dismissing a manslaughter charge against Penny.

“It was inappropriate for Alvin Bragg prosecutors to suddenly decide to drop the top charge of involuntary manslaughter after eight weeks of telling the jury Penny was guilty and the judge letting him get away with it when he shouldn’t have should do.” Jarrett shared on “Fox & Friends.”

Judge Maxwell Wiley on Friday agreed to the prosecution’s request to dismiss the most serious charge, second-degree manslaughter, after jurors twice told the court they were deadlocked on the matter.

Involuntary manslaughter charges against Daniel Penny dismissed as jury adjourns for the weekend

Fox News legal analyst Greg Jarrett criticized the judge in Marine veteran Daniel Penny’s controversial case for dismissing a manslaughter charge against him. (Fox & Friends)

Some legal analysts have argued that firing the judge will help Manhattan District Attorney Alvin Bragg persuade the jury to decide on a verdict against Penny.

“Now the judge tells the jury, ‘Forget the law. Forget what I told you,'” Jarrett said of the judge’s decision to dismiss the court.

Jarrett then argued that the judge’s decision in this case “also violates New York procedural law, which prohibits dismissal at this late stage in deliberations unless both sides agree.”

DANIEL PENNY WILL BE AWARDED THE CONGRESSIONAL GOLD MEDAL BY THE GOP LAW

Judge Maxwell Wiley on Friday agreed to prosecutors’ request to dismiss involuntary manslaughter charges against Marine veteran Daniel Penny. (Rashid Umar Abbasi for Fox News Digital)

“The defense disagreed,” Jarrett said, going on to predict, “If there is a conviction, it will be overturned on appeal.”

“It doesn’t make any sense,” Jarrett said of the judge’s firing. “It’s confusing. It’s hard to figure out.”

Penny gained national attention after he placed mentally ill homeless man Jordan Neely in a chokehold on May 1, 2023. Neely stormed into a subway car high drug consumptionAccording to court testimony, he threatened to kill passengers during a psychotic episode.

Fox News’ Michael Ruiz and CB Cotton contributed to this report.

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