'PLANNED HIT?': 'The Five' weigh in on fatal shooting of healthcare behemoth CEO

all right so we have these two big stories let's start with the Daniel Penney case because judge Janine you'll be able to tell us your interpretation of what it means about the what the jury asked today and about the decision to send them home once again okay um I'm very impressed with this jury Dana I really am starting with the first question uh that that the jury came back with and that was an a question as to the criminal charges how they related to these facts and the defensive justification so they knew right away that

what they had to do was was create some kind of an umbrella these are the parameters within which we're working justification of course is a defense uh but it is not a defense that the defense has to prove it is a defense that the people have to disprove Beyond A Reasonable Doubt the next group of questions had to do with issues that I think are extremely telling as to where this jury is going and the last group of questions had to do with the medical examiner that I've been very crital of this level one medical

examiner who claims she was a level two uh and they specifically in the question say we want the cross-examination of Dr Harris uh the cross-examination uh of course by a former prosecutor now defense attorney Steve Razer that was excellent and uh they say we want it where she says in her second death certificate that she wouldn't have changed her mind even if the test showed a fentanyl overdose so right away the jury says we want to read this again and then they go on we would like to hear all the testimony up to and including

the part where she admits that she told the grand jury that she didn't know if she observed sufficiently consistent pressure which is contrary and brought out by the defense to what she was alleging when she testified on direct examination uh with the prosecution this jury has honed right in on the inconsistency the fact that there was a cause of death before the toxicology before the histology that because this was a case of high public interest that the chief medical examiner came in this guy named Graham and he changes the cause of death and the the

defense did such an excellent job kenif and Razer where they said it took 10 days after the interview after the of Danny peny the defendant after he voluntarily went in to speak with the police then all of a sudden they've got no additional text but it's caused of death is that now it's something where we want to charge him Danny Penny and they asked for his testimony that's a 30 minute interview by two detectives is so calm he doesn't even know that Jordan Neely is dead Danny Penny says I did it because that's what I

was trained as a marine to do there were people who were afraid he came in he said he was going to kill someone the car froze everybody froze we know from all of the prosecution witnesses that the defense has made its case through those Witnesses it's phenomenal trial I I they've gone home for the night they need more testimony tomorrow that will be read to them but they are spoton and this isn't going to be someone said well they just want to let them go or oh this or that no this is a smart jury

they know exactly what the issues are the vulnerabilities and where they're headed okay so let's then let's take all of that and bring it back again tomorrow maybe we'll get a verdict tomorrow I guess that's possible you think we will okay uh hope so we talk about uh what happened this morning 6:46 a.m. just a few blocks from here with the healthcare CEO being shot in the back by a masked gunman who ran off and is still on the loose yeah um looking at that video was probably most disturbing it again you don't want to

jump to conclusions but it feels like it was a plan hit um the one witness said that the the individual the suspect had been outside on the corner all night which means he knew at some point this individual was coming there the part that really that makes me feel that this is not a random hit or robbery one he was catching as he shot the reason why he shot was delay there it wasn't a jam he made sure he caught his bullet no evidence put it in his pocket took his time had a hited him

again hit him again admired his work knew where the cameras were that's why he's back the only mistake he made was when he crossed the street but I think maybe something he didn't plan on was coming towards him that way the other thing that's strange to me is his car service there's a Suburban with the lights on the victim's Car Service the victim's car service even you see the other individual that's holding a cop when he sees it takes off running human reaction would be he's in a car yeah he would should get the hell

out of there he should Jam Ram the other car ride off try to do anything but that car does not move so that's another like that's another question it seems like he it was a they were waiting for him to be at that position at that time and that's the part that that's most disturbing to me so you don't want to say it but I it looked like a hit to me in my opinion Jesse either case U this kind of we have these two things happening they're not related per se obviously but I agree

with Tyrus it looked like a professional job the guy was cool calm collected he'd stake the guy out he had a silencer he had an Escape Plan he had a disguise it looks like an assassination uh this guy makes $10 million a year it's the largest Healthcare country company in the country I think they had 80 billion in profit last year so this thing is a behemoth they deny a lot of claims uh that could be motivation John Walsh is on prime time tonight to speculate on motivation also I don't know this guy could have

a personal life that could have been chaotic you just don't know about these things there's an antitrust action at the Department of Justice anything's possible uh but this guy was obviously targeted but this doesn't happen in America you don't have a Fortune 500 CEO get whacked in Midtown at 6:30 in the morning that's what's a little scary now I don't have much to add because the judge covered it beautifully but if you have a mentally ill homeless drug addict excon that's threatening people's lives in a lock box underground and a former Marine whose train comes

in and tries to protect people these things happen it's tragic these things happen it's sad and there's no racial animosity here it's just sad now if you have a guilty verdict here what that does men are bred to protect people it's in our Instinct it's all cultures all Races if you have a guilty verdict come down that is an attack on the male instinct to protect vulnerable people and you've been on subways you've seen New York their fights a lot in this town where men come in not even who know the couple break it up

pick your hands off her there's a crazy guy in the subway back off buddy calm down right and those things can happen like that and if a man hesitates because he sees this case come down a bad way there's going to be a lot of people that are going to be hurt in this city right like you don't want a chilling effect on people who are willing to help protect others okay Kennedy final word on anything you want to talk about I mean we we have to decide what kind of society we're going to live

in I hope we live in a society where as a woman if I'm writing this Subway by myself or if one of my girls are I would hope that there is a guy like Daniel Penny who stands up and protects them because we want a society where there are people like that who instinctively protect vulnerable people that's how it should be because there's not always going to be a cop there so this is a city where you've got you know two very clear contrasts between Good and Evil Daniel Penny like he's the good person he's

a standup guy he's doing what a lot of men feel that they would and should do and that instance and then you have evil people people like that who are lying in weights who without hesitation take someone's life and you know we don't know what the motivation is for that but we know it exists and maybe someone like that sees the vulnerabilities in the New York criminal justice system and feels like they're not going to get charged they're not going to get caught and that's terrifying so I I hope we have more Daniel pennies in

the world and the more we stand on pins and needles waiting for this verdict the more I feel I think there are a lot of people who feel that he did the right thing and we hope there are more people who stand up like that but under Alvin Bragg's watch they will be punished for the wrong things okay so a jury verdict tomorrow and so we'll have that for you on the five and we'll have the judge he's got to be here let Ben's home for Christmas