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you. i think the question that's on the top of everybody's mind is does this case against this former marine hold legal weight? does it really pass legal muster here? do you think that he could get 15 years? does that seem logical, does that seem right based on the charges and based on the incident? >> no, i don't think he'll ever get 15 years. and in terms of whether there's a viable case for any of this, what should have happened is it should have gone to a grand jury. a grand jury is still going to have to hear this case anyway. they're still -- there's still going to have to be a determination by that body of whether this was probable cause. as you know, there are fascinating legal issues related to self-defense or what we call justification. but the fact that mr. penny was arrested prior to a grand jury about 11 or 12 days after the incident when all the facts are not available does sound like a political move for the manhattan

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