In the trial of Daniel Penny, accused of fatally choking Jordan Neely on a New York City subway in 2023, a judge ruled on Friday that all evidence will be allowed in court. The case, which centers on Penny, a 25-year-old former Marine, and Neely, a 30-year-old homeless man, has garnered significant attention. Neely, known for his impersonations of Michael Jackson, was reportedly yelling and threatening people when Penny placed him in a chokehold. Neely later died, with his death ruled a homicide by neck compression. Penny now faces charges of second-degree manslaughter and negligent homicide, with the trial set to begin on October 21.
Both the prosecution and defense had filed motions to suppress certain evidence, but Judge Maxwell Wiley rejected these requests after considering their arguments over two days of hearings. Prosecutors sought to block the defense from introducing Neely’s medical records and testimony from specific witnesses, including forensic psychiatrist Dr. Alexander Bardey. Bardey was expected to testify about Neely’s alleged drug use, particularly the synthetic drug K2, which could have affected his behavior that day.
"Their suggested introduction is a transparent attempt by the defense to smear the victim's character so that the jury will devalue his life," Assistant District Attorney Dafna Yoran argued in a legal filing. However, Penny’s attorney, Thomas Kenniff, contended that the testimony would help show that Neely "was likely under the influence of K2 and experiencing a psychotic episode" during the incident. Kenniff maintained that the defense did not intend to attack Neely's character.
The defense also sought to exclude statements Penny made to police following the incident, including his comments during an interview where he stated, "I'm not trying to kill the guy. I'm just trying to de-escalate the situation." Penny demonstrated the chokehold during this interview. The defense argued that these statements should not be admissible since Penny was not treated as a suspect during questioning.
Penny could face up to 15 years in prison if convicted of manslaughter and up to four years for negligent homicide. He is currently free on $100,000 bail.
Link: Newsweek
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