A couple who filmed ex-Marine Daniel Penny’s encounter with Jordan Neely, which led to Neely’s death in May 2023, are refusing to return to New York to testify at Penny’s trial.
The judge disclosed at a pre-trial conference that the couple had recorded the incident but have since declined to cooperate with the Grand Jury, choosing to stay in Europe.
Unreleased Footage and Evasive Behavior
The judge noted that the couple has yet to share the video they took with the District Attorney or any other party.
Despite repeated efforts, the Manhattan District Attorney’s office has been unsuccessful in persuading the tourists to provide the footage or return to testify.
The exact reasons behind their reluctance remain unclear, though Penny’s legal team believes the footage could be significantly beneficial to his defense.
Legal Implications for Penny
Daniel Penny, 25, faces charges of second-degree manslaughter and criminally negligent homicide following a subway confrontation in May 2023 that resulted in Neely’s death.
Penny restrained Neely, who was allegedly threatening passengers and causing a disturbance, by placing him in a chokehold on the F train.
Neely, a 24-year-old former Michael Jackson impersonator struggling with mental illness, was pronounced dead at the scene.
The medical examiner ruled the death a homicide due to the chokehold.
Penny’s Defense and Legal Strategy
Penny asserts that his actions were not racially motivated and that he acted to protect fellow passengers.
His defense argues that he intervened to prevent harm, a claim that has yet to be proven in court.
Despite attempts to have the case dismissed on these grounds, the court has rejected their motions.
Pre-Trial Developments and Challenges
The trial is scheduled to begin with jury selection around October 21, and it is expected to last several weeks.
Penny’s defense attorney, Thomas Kenniff, has highlighted that if the European couple continues to avoid testifying, it could pose a serious challenge to the case.
Kenniff suggested that their testimony could be crucial and potentially favorable to the defense.
Possible Remote Testimony and Trial Proceedings
The judge discussed the possibility of having the couple testify remotely from Europe.
However, logistical and legal hurdles, including international law, complicate this option.
Meanwhile, prosecutors have other video evidence related to Neely’s death.
Neely’s Criminal Background
Jordan Neely had an extensive criminal history, including violent assaults on subway passengers.
His prior offenses include attacking an elderly woman and incidents involving public lewdness and assault.
Despite various legal issues and treatment programs, his behavior continued to lead to legal troubles.
Perspectives on the Incident
A woman who witnessed the incident described Neely as making threatening statements and causing fear among passengers.
She believes Penny acted in self-defense and that race should not be a factor in the case.
The witness criticized the current state of New York, expressing nostalgia for the city’s past law and order.
As the trial approaches, the complexities surrounding the case, including the missing video evidence and the controversial nature of the incident, continue to unfold.
TDPel Media
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