Daniel Penny’s defense team considers malicious prosecution lawsuit against Alvin Bragg’s office

Steven Raiser, Penny's defense lawyer, stated that it was time to turn the tables and put the focus on DA Bragg, implying that the charges should never have been filed against his client. "They wanted to try and get him on something," Raiser told Fox & Friends. "They knew they weren't going to be able to get him, so they had to get rid of that top count in order to get to that second count, just in hopes that maybe they could pull out a win here, and they were unsuccessful, thank God."

Bragg would be the main target of the lawsuit, according to Raiser, for "blurring" the "ethical lines" in the way the case was handled. The defense attorney also accused the medical examiner's office, who will also be the target of the filing, of conspiring with DA Bragg's office.

"The record was made fairly clear as to the extent of his involvement and what occurred here," Raiser said. "He was appointed by Mayor Adams, the same political party as Alvin Bragg. There was collusion there, and the collusion began from the very beginning of this case and all the way through. The district attorney needed the medical examiner and needed the medical examiner to act quickly, and he did just that."

Penny was charged with second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, who he subdued in response to the repeat-offender homeless man threatening passengers on the subway. Prosecutors filed to dismiss the manslaughter charge on Friday after the Manhattan jury couldn't reach a unanimous verdict. The jury later handed down a not guilty verdict on the criminally negligent homicide charge on Monday.