process gets under way in a new york city courtroom. court was off today, so today s session picks up after seven jurors were seated tuesday. five more jurors and six alternates must now be chosen. ahead of today s session, donald trump went on a tirade about jury selection yesterday, seemingly misunderstanding the rules for dismissing or striking potential candidates. trump writing, quote, i thought strikes were supposed to be unlimited when we were picking our jury? i was then told we only had ten, not nearly enough when we were purposely given the second worst venue in the country. under new york law, each side has an unlimited number for strikes for cause, but the judge presiding over the case, juan merchan, can decide whether or not the cause is worthy of a strike. because trump is charged with a class e felony, a lower level felony, he and prosecutors are entitled to ten preemptory challenges each for potential jurors they can dismiss. joining us to break it on down further is fo
this case? well, he pleaded not guilty at his arraignment, and i m not surprised that the grand jury included a lesser-included offense. that happens quite often. it s sort of a safety hatch for the prosecution because if they don t, if a jury ultimately if it gets to trial and they don t find him guilty on the more serious charge, they can convict him on the lesser-included offense. but they cannot convict him on both x so it s one or the other or perhaps none of them. and the criminally negligent homicide carries a much less significant penalty. it s a class e felony, the lowest felony category in new york, and it s up to four years in prison, but there s no actual mandatory prison time in the statute, so it could even be if he were convicted on that count, he could even serve no time in prison. mike: here are some of the attorneys involved in this case talking about it. let s play it. daniel penny killed a man. he took a life. and for everyone who thought
serious unjustifiable risk of death, that he just regarded. and his behavior, the third element for the prosecutors is a grossly deviated from how a reasonable person would ask in similar situation. that does seem to fit the bill. i will tell you that have a tried cases in new york, i mean, i know it s been a while, i ve tried cases in new york, i m not gonna be surprised if this is a hung jury when it comes down to in the end. my guess is that he will not plead, there s a minimum on this, it s up to 15 years, a class e felony, but there is a minimum and my guess is from the way his lawyer sound, that he if he doesn t plead i would bet that it does hang. cynthia, let s stay on this case, daniel petty, his lawyers put forth a defense already, saying quote, he staff did, to protect himself and his fellow
of felony in new york. steve: still a felony. ainsley: bragg says trump was attempting to conceal another underlying crime. a class e felony can result in prison terms of up to four years. brian: right. here s the crazy thing. how do you do a poll on what do you think about the indictment whether you don t know what s in the indictment and have you an opinion on it is bizarre. ainsley: we don t know what s in it. brian: fossa phiing criminal records is crazy. no plaintiff. no bank that said he screwed me. there is no building that s not built. nobody is complaining excepted for an attorney general and a district attorney that said i m going to run on convicting donald trump on something. and they just want to poor over his records tax returns and fine him in a million dollars in a case he lost in civil court. they say criminal court always has precedence over civil court. they try him in civil court. get some information and reportedly about to enhance a
court on tuesday if the charges are exclusively along the lines of the reporting before i came on, it will be a class e felony, and there is an upward range that involves prison and a downward range as you noted that involves no prison whatsoever. so that s what we have to wait and see. really only district attorney bragg knows what the evidence is, and it s another thing we all have to be mindful of that we can speculate on what evidence we think they may or may not have, but even with the indictment published, we really will not know what the district attorney s evidence is and what they will create at trial. the associated press is one felony charge. do you expect this to be more than that or is there probably only one charge that will be, as you described it, the class e felony that, i don t know, chuck, but even cumulative numbers of class e felonies won t necessarily increase any exposure