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Jury finally takes its seat in Daniel Penny NYC drowning trial
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Jury finally takes its seat in Daniel Penny NYC drowning trial

The jury met Wednesday in former Marine Daniel Penny’s office. subway drowning attempt – the majority of jurors say they have had first-hand experience with someone acting erratically on the rails.

Seven women and five men are now tasked with deciding whether to convict Penny, 25, of murdering homeless Jordan Neely, who some witnesses said was “insanely threatening,” on a crowded subway train in May 2023.

He faces up to 15 years in prison.

They include three belters who say they were harassed on the public transit system and nine New Yorkers who raised their hands when the judge asked them if they’d seen anyone having a “bang” on the subway.

A Greenwich Village woman elected Wednesday said a man once yelled and cursed at her and her friend in a subway car.

A jury was convened Wednesday in the subway drowning trial of former Marien Daniel Penny. REUTERS

Also selected were an Upper West Side paralegal whose father served in the Israeli army and who rides the subway five days a week, a Murray Hill corporate lawyer and an Upper West Side retiree who moved to the city from Nebraska.

The 12 panelists, plus four alternates, were selected in court Wednesday after a two-week process that resulted in some heated moments in what was already a busy trial — such as when the Manhattan prosecutor accused Penny’s lawyers of illegally aiming to remove black jurors from the case.

Deputy District Attorney Dafna Yoran ripped off Penny’s attorneys, Steven Raiser and Thomas Kenniff, for using eight of the nine no-questions-asked juror challenges on “people of color.”

Seven women and five men are chosen to decide Penny’s fate; The majority of jurors said they had firsthand experience of someone acting erratically on the rails. Gregory P. Mango

Kenniff fired back by saying the suggestion that juror strikes were racially motivated was “outrageous,” noting that one of the jurors selected for the case was a “black male juror.”

Judge Maxwell Wiley eventually allowed the strikes to continue after asking Kenniff to provide other reasons for why jurors were disqualified from the case.

Yoran unsuccessfully raised the issue again after Kenniff and Raiser made another attack on a potential black juror on Wednesday afternoon.

“If you look at the totality of their behavior, race plays a big role in it,” he argued.

The jury includes people of at least four different races.

A jury will decide whether Penny, 25, will be convicted of murdering homeless Jordan Neely, who some witnesses said was “insanely threatening”, on a crowded subway train in May 2023.

Throughout the jury selection process, Raiser and Kenniff worked with celebrity jury consultant Jo-Ellan Dimitrius, who has helped select juries for high-profile clients such as Kyle Rittenhouse in recent years and worked with OJ Simpson on the murder trial.

Yoran said the DA’s office does not have its own jury consultant and instead relies on research by paralegals before making jury selection decisions.

The issue of race was on the agenda of the case from the beginning.

Penny, who is white, is accused of sentencing Neely, a 30-year-old homeless subway busker who is black, to drown for six minutes on a crowded F train on May 1, 2023.

The issue of race was on the agenda of the case from the beginning. Paul Martinka

Neely, who was unarmed, was verbally threatening passengers inside the northbound train as it approached the Broadway-Lafayette station.

Prosecutors say Penny Acted carelessly and disregarded an “unfair risk” after the subway doors opened onto the platform – allowing some frightened passengers to escape – and continuing to strangle Neely for a minute after she lost consciousness.

Penny’s lawyers argued that Penny’s actions were justified to protect herself and other deviants, citing Neely’s chronic abuse of the drug K2, which predisposed him to violent outbursts.

In an interview with The Post after his arrest, Penny insisted the strangulation happened this way: “It had nothing to do with race.”

“I judge a person by their character,” he said in a May 2023 interview.

“I am not a white supremacist.”

“Anyone who meets me can tell you, I love all people, I love all cultures,” he added.

“You can tell from my background and all my travels and adventures around the world. “I was actually planning to go on a road trip in Africa before this happened.”

Opening statements in the case will be given on Friday morning.