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    • Daniel Penny’s trial for New York subway murder begins Friday
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    Daniel Penny’s trial for New York subway murder begins Friday

    Harry Posted on

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    NEW YORK – Opening statements will begin Friday Case against Daniel PennyA former Marine is facing involuntary manslaughter charges in the death of a homeless man and beloved street artist in a New York City subway car last year.

    video Jordan NeelyAfter police questioned Penny and released her from custody, her violent death attracted national attention and sparked days of protests in the city.

    Jury selection in the case began on October 21. The 12-person jury and 4 alternate members met on Wednesday.

    Over the next few weeks, a jury will be tasked with deciding whether Penny, 26, acted recklessly when she was arrested. NeeliA former Michael Jackson tribute artist died from a minutes-long asphyxiation on the floor of a train car on May 1, 2023.

    In opening statements Friday in Manhattan Criminal Court, attorneys on both sides of the case are expected to tell a detailed story about what happened on the subway that day, as well as delve into Penny’s past experiences in the Marine Corps, Nicole Brenecki said. The Brooklyn-based trial attorney who reviewed the case.

    Defense attorneys are expected to argue that Penny was acting in someone else’s interest when she grabbed Neely from behind after the man yelled on the subway that he was hungry, thirsty and ready to kill someone, according to court documents. Brenecki, the expert trial attorney who is not involved in the case, said that because crimes have occurred in New York City’s vast subway system in recent years and historically, the jury may find that Penny acted appropriately when she put Neely in a chokehold.

    According to court records, the prosecution will argue that Penny acted recklessly and was aware of the risk to herself when she cornered Neely.

    “In our opening, we look forward to laying out the flaws in the government’s case that will ultimately lead to an acquittal of all charges against Danny,” defense attorney Steve Raiser told USA TODAY on Thursday. he said.

    Prosecutors Dafna Yoran and Jillian Shartrand will argue the case against Penny on behalf of the Manhattan District Attorney’s Office, which told USA TODAY it cannot comment on open and pending cases.

    “This is a case that could be made into a movie about because it has all these elements that are generally thought to be very difficult for lawyers,” Brenecki said. he said.

    Who was Jordan Neely? ‘A young man in real crisis,’ lawyers say

    Street artist Neely experienced homelessness

    Neely’s erratic behavior and threats It was done while the crowd was on the subway Penny’s attorneys told USA TODAY that the car caused the passengers to fear for their safety. After Penny intervened to restrain Neely, who struggled with mental health issues and drug use, a medical examiner ruled her death was due to “cervical compression,” according to court records.

    “The people on that train with Danny feared for their lives,” Raiser told USA TODAY.

    Neely, who was 30 years old when he died, experienced homelessness On and off throughout his life, starting from his childhood when he lived with his mother in New Jersey. When Neely was 14, her mother was brutally murdered by her boyfriend, her body stuffed into a black duffel bag and dumped on the side of a freeway in the Bronx.

    “This is the kind of trauma that could cause anyone to unravel,” Lennon Edwards, an attorney for Neely’s family, said in the days following the man’s death last year.

    Defendant hired high-profile lawyer

    The case has become more prominent in recent weeks Penny hired Jo-Ellan DimitriusA jury selection consultant who helped OJ Simpson select jurors for his 1995 murder trial, in which he was acquitted. According to the New York Times, the judge in the case against Penny decided that the jury members would not be made public.

    During jury selection in October, potential jurors were asked if they regularly commuted to the subway and what their experience with the subway system was, the Associated Press reported.

    “The subway is a very unusual place,” said Bennett Gershman, a law professor at Pace University School of Law in White Plains, New York, who is not involved in the case. “People are maybe afraid, they don’t know who anyone is, they don’t know what could happen.”

    Gershman told USA TODAY that the defense team anticipated it would have an easier time proving that Penny did not act carelessly when pinning Neely to the floor of the subway car.

    The court announced that the hearing is expected to last five weeks or more.

    “I predict the jury will hang or acquit,” Gershman said.

    After reviewing court documents, Brenecki said the defense could argue that both Penny and Neely are victims of a social system in which people in desperate need of mental health support are left to fend for themselves and often suffer harm.

    “I’m not saying what he did was right; I don’t know if what he did was right,” Brenecki said. “But it’s a very good argument because if the victim is struggling so hard and there are no resources provided to him and he’s dealing with a nightmare life on the street, that’s a failure of the system.”

    Harry
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