NEW YORK – Protection attorneys for Marine veteran Daniel Penny, on trial in New York Metropolis for the subway chokehold loss of life of Jordan Neely, wish to name a forensic psychiatrist to the witness stand to elucidate how the consequences of the latter’s drug abuse and psychological well being points might have impacted “the diploma of hostility that Mr. Neely exhibited.”
Manhattan District Legal professional Alvin Bragg’s Workplace would not need the jury seeing that proof or listening to skilled testimony from Dr. Alexander Bardey.
Tuesday’s courtroom session started with legal professionals for either side conferencing with the choose.
“The psychiatrist’s testimony and the unredacted psychiatric data are inadmissible and their advised introduction is a clear try by the protection to smear the sufferer’s character in order that the jury will devalue his life,” prosecutor Dafna Yoran argued in courtroom filings.
DANIEL PENNY TRIAL RESUMES WITH THIRD DAY OF TESTIMONY FROM MEDICAL EXAMINER, QUESTIONS OVER CAUSE OF DEATH
Daniel Penny arrives at Manhattan Supreme Courtroom, in New York, NY on Monday, Nov. 18, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent murder within the 2023 loss of life of Jordan Neely on a New York Metropolis subway practice. (Adam Grey for Fox Information Digital)
She didn’t need jurors to listen to about Neely’s previous, claiming the knowledge is “impermissible.”
“It’s black letter legislation in New York {that a} deceased sufferer’s prior dangerous acts are solely admissible at trial in the event that they have been recognized to the defendant on the time of the crime,” she wrote.
The protection countered that drug use is exempt from this rule as a result of even when somebody would not find out about it prematurely, the consequences are clear.
However the protection counters that as a result of lack of specifics concerning the dose of artificial marijuana present in Neely’s system in his toxicology report, Dr. Bardey’s testimony is a necessity.
MEDICAL EXAMINER SAYS SUBWAY MADMAN HAD DRUGS IN SYSTEM IN MARINE VET’S CHOKEHOLD TRIAL
Jordan Neely is pictured earlier than going to see the Michael Jackson film, “That is It,” exterior the Regal Cinemas on eighth Ave. and forty second St. in Instances Sq., New York, in 2009. (Andrew Savulich/New York Each day Information/Tribune Information Service by way of Getty Photographs)
“The restricted toxicology, and the various accounts of eyewitnesses, kind solely a partial narrative,” Penny legal professional Thomas Kenniff wrote in a courtroom submitting. “The protection has the appropriate to elicit info contained in Mr. Neely’s psychiatric data that reveal the pervasiveness of his K2 use, together with physiological behaviors he routinely manifested whereas on K2.
“Professional testimony on this regard tends to help two related details: Mr. Neely was utilizing K2 on the time of this incident, not merely within the days or perhaps weeks earlier than, and was evincing the behaviors of somebody experiencing a K2 excessive.”
DANIEL PENNY THOUGHT HE WAS PROTECTING A DIVERSE SUBWAY CAR, BUT PROSECUTORS HIGHLIGHT RACIAL UNDERTONES
Screenshot from bystander video displaying Jordan Neely being held in a chokehold on the New York Metropolis subway. (Luces de Nueva York/Juan Alberto Vazquez by way of Storyful)
Penny, 26, faces as much as 15 years in jail if convicted on the highest cost of manslaughter. He additionally faces a lesser cost of criminally negligent murder for the loss of life of Neely, a 30-year-old homeless man with a historical past of psychological well being outbursts, drug abuse and felony habits, a few of which happened on the subway.
The protection was anticipated to name Dr. Bardey to the stand Tuesday, in addition to character witnesses who served within the Marine Corps alongside Penny, who enlisted after highschool and was finding out structure on the time of his lethal encounter with Neely final Might.
Neely barged onto the practice, threw his jacket on the bottom and began shouting loss of life threats, telling straphangers he did not care if he went to jail for all times.
Throughout the outburst, Penny positioned him in a chokehold and wrestled him to the bottom as witnesses referred to as 911. One other rider helped Penny restrain him till police arrived.
Once they let go, Neely nonetheless had a pulse, however the forensic pathologist who performed his post-mortem, Dr. Cynthia Harris, testified that it is regular for somebody’s coronary heart to maintain beating for a while even when they have been choked to loss of life.
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In her post-mortem, she dominated that Neely’s loss of life was brought on by asphyxiation from the chokehold.
Penny’s workforce has maintained that Neely’s loss of life was justified protection. Prosecutors say it was unintentional however criminally reckless or negligent.
