The Big Picture
The trial of Daniel Penny, a former Marine, resumed Monday in New York City, focusing on the death of Jordan Neely, 30, during a confrontation on a subway. Penny, 26, faces charges of manslaughter and criminally negligent homicide, though prosecutors do not allege intentional murder. The case has drawn significant attention, raising questions about self-defense, race, and justice.
Medical Examiner Testifies on Cause of Death
Dr. Cynthia Harris, a forensic pathologist from the Office of the City Medical Examiner, testified for a third day as a key prosecution witness.
Asphyxiation Determined as Cause: Dr. Harris reaffirmed her belief that Neely died of asphyxiation during a "protracted struggle" with Penny. She stated that Neely could have survived if the chokehold had been released earlier.
Impact of Sickle Cell Trait: Under cross-examination, Harris acknowledged that Neely's sickle cell trait—a genetic blood disorder—may have contributed to his death but insisted it was not the primary cause. She added that complications from sickle cell trait would take hours or days to result in death, not moments.
No Severe Physical Injuries: Harris noted Neely’s body showed scrapes and bruises but no significant bone or structural damage in his neck.
Courtroom Tensions and Defense Strategy
Objections Over Language: The defense objected to the use of the term "homicide" during Harris’ testimony, and the judge struck a portion of her remarks from the record.
Claims of Trial Bias: Penny’s legal team argued the prosecution is unfairly framing Penny as a “White vigilante” and raised objections to testimony from witnesses referring to him as a “murderer.” The judge denied a mistrial but acknowledged the defense's concerns.
Prosecution’s Evidence: A police report describing Neely as a "screaming man" at the time of the incident has also been debated for accuracy.
Background on the Incident
Witnesses say Neely entered a subway car on May 1, 2023, making erratic threats and throwing his jacket. Penny, trained in martial arts, placed Neely in a chokehold, allegedly attempting to subdue him until police arrived.
Witness Testimony: The jury previously heard from Joseph Caballer, Penny’s Marine martial arts instructor, who explained that chokeholds are designed to incapacitate a person temporarily, not kill.
Toxicology Report: While Neely had synthetic drugs in his system, Harris testified these substances were not significant enough to alter her findings of asphyxiation as the cause of death.
What’s Next?
The prosecution is expected to wrap up its case before Thanksgiving, after which the defense will begin presenting its witnesses.
Penny faces up to 15 years in prison if convicted of the top manslaughter charge.
This trial remains a pivotal case, highlighting complex legal and societal issues surrounding self-defense, public safety, and accountability.
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