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jordan neely and was slated for coming friday with prominent private rights later sent to have the eulogy requesting to be caught thank you. the attorney for daniel penny steve razor will be interviewed by judge jeanine on the five this monday. arthel: for more on that legal angles right now we're going to bring in a criminal defense attorney former federal prosecutor doug burns. so doug, let's start here. was charging daniel penny at the right legal move? and that if you would walk us through arguments for defensive prosecutors? >> i felt there were two potential charges actually just to be clear. while beat second degree manslaughter which is an unintentional killing through recklessness. or criminally negligent homicide unintentional killing through negligence for those of the ones i felt that they were going to charge and would apply.