Episode Transcript
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Speaker 1 (00:00):
Five fifty three at a time. Here in Houston's Morning News,
attorney Dunham Biles joins us to talk about the Daniel
Penny verdict. Counselor, how are you this morning?
Speaker 2 (00:09):
Good? How are you? Thank you for having me on?
Speaker 1 (00:11):
Pleasure to have you on. Let's let's talk. Let's elaborate
on what Leo Terrell was talking about here just a
moment ago, about how the justice system seems to work
differently in New York City. I mean, how unusual is
it for a DA to go to a judge and say, well,
we have a hung jury on this, on this, you know,
this major charge here, so let's just concentrate on the
(00:32):
lesser charge and go ahead and take take the other
one off.
Speaker 2 (00:36):
Yeah, it's crazy. And then my understanding is not at
all how it's supposed to work. And are worse yet? Right?
I think most project keepers would face with a hung
jury would prefer to have the mistrial declared, because if
you have the mistrial declared, they get to try it again.
And when they get to tried again, the defense has
already laid out all their hands. They you know what
(00:58):
their case is, and they can be better prepared to
try to get a conviction. If you were really really
trying to get a conviction, I think you take the
hung jury. But I think this suggests that they that
they might have realized they had a problem and they
wanted to get it over with and now and right then,
and there was their best chance to do it.
Speaker 1 (01:14):
I was going to say, what does that tell you
about the jury, that there was a hung jury on
the on the major charge and it was a nanimous
verdict on the on the one that would have been
easier to convict him on.
Speaker 2 (01:25):
Yeah, that's the result. I'm still stumbling over. I'm not
sure how that's what happened in that jury room, such
that that they had some people apparently willing to convict
on a much harder standard. Uh, and then they unanimously agreed.
But one thing I couldn't suggest is that the jury
had been instructed that they couldn't reach the lower case
(01:47):
the charge and loft State found them not guilty of
the higher charge. And when the prosecution then drops the
claim after spending all this time, money and effort trying
to prove it, it doesn't sit a good message to
the jerry about how serious this prosecutor is.
Speaker 1 (02:03):
No, it doesn't, sure doesn't. Certainly based on the people. Also,
he has decided to prosecute. You know, there are those
who are making a case, a racial case about this,
that the reason why he was prosecuted is because he
was white and the victim was black, and if it'd
been the other way around, it might not have turned
out this way.
Speaker 2 (02:21):
I can't disagree with that. I mean, obviously can't prove that,
but it seems in this prosecutor that's exactly what he did.
He turned us into a political witch hun sort of issue,
went after what. I don't know how you look at
this as a prosecutor, go, yeah, I want to prosecute
that guy. I don't know. He just saved a few
people on a subway in New York and did his
(02:42):
duty which most of many of us wouldn't have the
best to do. He'd instood up protecting people, and they
decided to prosecute.
Speaker 1 (02:49):
It's amazing to me. It's amazing to me how the
other side wanted to portray this guy as a trained assassin,
a drained killer because it was a United States marine.
Speaker 2 (02:58):
Yeah. Well, it's because unfortunately, this is why I get
very frustrated. I'm a conservative and I like the law enforcement,
and I like that we have criminal prosecutions, but sometimes
a prosecutor stunt played by the rules and in this
case right as a civil litigator, my duties is zelsie
advocate for my clients and the win cases. The prosecutors
(03:20):
do have a much higher ethical standard. Their job is
to do justice. They're not supposed to be in this
to win cases. They're supposed to be doing what's right.
And I just don't know how you're a prosecutor and
prosecute mister Timmy.
Speaker 1 (03:33):
I don't understand how you based on we know about
this case, Dune and Bials, do you think there's any
chance this would ever have come to trial if this
that happened in Texas?
Speaker 2 (03:42):
No, there's this city. I don't believe there's any chance
that this would happen in Texas.
Speaker 1 (03:46):
I agree. Thank you, sir, appreciate it as always, thanks
for getting up early. There's Attorney Duneham Biles
Five fifty three at a time. Here in Houston's Morning News,
attorney Dunham Biles joins us to talk about the Daniel
Penny verdict. Counselor, how are you this morning?
Speaker 2 (00:09):
Good? How are you? Thank you for having me on?
Speaker 1 (00:11):
Pleasure to have you on. Let's let's talk. Let's elaborate
on what Leo Terrell was talking about here just a
moment ago, about how the justice system seems to work
differently in New York City. I mean, how unusual is
it for a DA to go to a judge and say, well,
we have a hung jury on this, on this, you know,
this major charge here, so let's just concentrate on the
(00:32):
lesser charge and go ahead and take take the other
one off.
Speaker 2 (00:36):
Yeah, it's crazy. And then my understanding is not at
all how it's supposed to work. And are worse yet? Right?
I think most project keepers would face with a hung
jury would prefer to have the mistrial declared, because if
you have the mistrial declared, they get to try it again.
And when they get to tried again, the defense has
already laid out all their hands. They you know what
(00:58):
their case is, and they can be better prepared to
try to get a conviction. If you were really really
trying to get a conviction, I think you take the
hung jury. But I think this suggests that they that
they might have realized they had a problem and they
wanted to get it over with and now and right then,
and there was their best chance to do it.
Speaker 1 (01:14):
I was going to say, what does that tell you
about the jury, that there was a hung jury on
the on the major charge and it was a nanimous
verdict on the on the one that would have been
easier to convict him on.
Speaker 2 (01:25):
Yeah, that's the result. I'm still stumbling over. I'm not
sure how that's what happened in that jury room, such
that that they had some people apparently willing to convict
on a much harder standard. Uh, and then they unanimously agreed.
But one thing I couldn't suggest is that the jury
had been instructed that they couldn't reach the lower case
(01:47):
the charge and loft State found them not guilty of
the higher charge. And when the prosecution then drops the
claim after spending all this time, money and effort trying
to prove it, it doesn't sit a good message to
the jerry about how serious this prosecutor is.
Speaker 1 (02:03):
No, it doesn't, sure doesn't. Certainly based on the people. Also,
he has decided to prosecute. You know, there are those
who are making a case, a racial case about this,
that the reason why he was prosecuted is because he
was white and the victim was black, and if it'd
been the other way around, it might not have turned
out this way.
Speaker 2 (02:21):
I can't disagree with that. I mean, obviously can't prove that,
but it seems in this prosecutor that's exactly what he did.
He turned us into a political witch hun sort of issue,
went after what. I don't know how you look at
this as a prosecutor, go, yeah, I want to prosecute
that guy. I don't know. He just saved a few
people on a subway in New York and did his
(02:42):
duty which most of many of us wouldn't have the
best to do. He'd instood up protecting people, and they
decided to prosecute.
Speaker 1 (02:49):
It's amazing to me. It's amazing to me how the
other side wanted to portray this guy as a trained assassin,
a drained killer because it was a United States marine.
Speaker 2 (02:58):
Yeah. Well, it's because unfortunately, this is why I get
very frustrated. I'm a conservative and I like the law enforcement,
and I like that we have criminal prosecutions, but sometimes
a prosecutor stunt played by the rules and in this
case right as a civil litigator, my duties is zelsie
advocate for my clients and the win cases. The prosecutors
(03:20):
do have a much higher ethical standard. Their job is
to do justice. They're not supposed to be in this
to win cases. They're supposed to be doing what's right.
And I just don't know how you're a prosecutor and
prosecute mister Timmy.
Speaker 1 (03:33):
I don't understand how you based on we know about
this case, Dune and Bials, do you think there's any
chance this would ever have come to trial if this
that happened in Texas?
Speaker 2 (03:42):
No, there's this city. I don't believe there's any chance
that this would happen in Texas.
Speaker 1 (03:46):
I agree. Thank you, sir, appreciate it as always, thanks
for getting up early. There's Attorney Duneham Biles
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