XPost: alt.politics.socialist.nazi, nyc.politics, alt.law-enforcement.corruption
XPost: sac.politics, alt.fan.rush-limbaugh
NEW YORK (AP) — Jury selection began Monday in the trial of a U.S.
Marine Corps veteran charged with manslaughter for placing a man in a
deadly chokehold on a New York City subway train last year.
Daniel Penny, 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer. Witnesses say Neely was
acting erratically on the train on May 1, 2023, when Penny moved to
restrain him.
Penny has pleaded not guilty in the case, which sparked debate and
division locally and across the country.
After the death of Neely, who was Black, protesters demanded that
authorities arrest Penny, who is white. Others rallied in support of
Penny outside the courthouse once he was charged. The case also became a
cause célèbre among Republican presidential hopefuls.
Penny, who served four years in the Marines before being discharged in
2021, has been free on a $100,000 bond. He faces up to 15 years in
prison if convicted of second-degree manslaughter and up to four years
if convicted of criminally negligent homicide.
An initial group of 136 potential jurors were brought into the Manhattan courtroom Monday for a first round of screening focused on whether they
have work or family obligations that could keep them from serving on a
trial that’s expected to continue into December.
When the first group of people were asked whether any had heard of the
case, nearly everyone in the packed courtroom raised a hand to indicate yes.
“Not a surprise,” Judge Maxwell Wiley said.
“Even if you have formed an opinion about it, that does not disqualify
you from serving on this case,” he said, adding that anyone who is
picked for the jury must keep an open mind.
Penny, at times when prompted by the judge, briefly stood and waved to prospective jurors and greeted them with a soft “good morning” or “good afternoon.”
Otherwise, he sat mostly facing the judge in his blue suit and maroon
tie as potential jurors were called up individually to the bench to
explain their potential scheduling issues.
Those asking not to be placed on the jury cited holiday travel plans,
faraway weddings, house moves and other personal obligations.
By the end of the day, some 45 people were asked to return for the next
stage in the screening on Friday; the rest were excused.
The selection process is expected to continue Tuesday, and it will
likely be days before prospective jurors are questioned about any
beliefs, personal connections or life experiences that could affect
their ability to serve fairly and impartially.
Witnesses to the incident said Neely — who struggled with drug
addiction, mental illness and homelessness — had been shouting and
demanding money when Penny approached him.
Penny pinned Neely to the ground with the help of two other passengers,
and placed him in a chokehold for more than three minutes until Neely’s
body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.
Neely’s father, Andre Zachery, was among those in courtroom audience
Monday. The family’s lawyer, Donte Mills, said outside court that
Zachery is feeling hurt and seeking justice for his son.
“This is going to be a very simple case that’s easy for the jury to deliberate on,” Mills said. “The facts of the case is this: someone got
on the train and was screaming, and someone choked that person to death.
Those things will never balance out and there’s no justification that
can make those things balance out.”
Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive.
Penny has claimed Neely shouted, “I’m gonna kill you” and that he was “ready to die” or go to jail for life.
“We feel that the truth is only going to come out through this trial,” Steven Raiser, one of Penny’s lawyers, said outside court. “There’s a
lot of evidence that people aren’t aware of. There’s a lot of
assumptions that have been made that are going to be dispelled once we
have all the evidence.”
Raiser has said the defense plans to offer up other potential causes of Neely’s death, including high levels of the synthetic cannabinoid known
as K2 found in his body.
They’ll also argue that video shared widely on social media proves Penny
was not applying pressure consistently enough to render Neely
unconscious, much less kill him.
Penny’s lawyers said Monday that they hadn’t decided whether he will testify.
Prosecutors, in their court filings, have argued that Penny’s actions
were reckless and negligent even if he didn’t intend to kill Neely.
Manhattan District Attorney Alvin Bragg’s office declined to comment
ahead of the trial.
https://apnews.com/article/nyc-subway-chokehold-daniel-penny-jordan-neely-5e36073acf8575fb1487a8495293d277
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