Daniel Penny Trial Update: Judge Denies Motions to Exclude Evidence

The judge presiding over the trial of Daniel Penny, who is accused of placing a homeless man in a fatal chokehold on a New York City subway, denied motions on Friday to suppress evidence from the upcoming trial.

Penny, a 25-year-old former Marine, is accused of killing 30-year-old Jordan Neely on a subway in 2023. Neely, who was a well-known Michael Jackson impersonator, boarded the subway and reportedly began yelling and threatening people. Penny allegedly approached him from behind and placed him in the restraint.

Neely was taken to a hospital, where he was pronounced dead. His death was ruled a homicide by compression of the neck. Penny is facing second-degree manslaughter and negligent homicide charges. The trial is scheduled to begin on October 21.

The prosecution and the defense each objected to the entry of different pieces of evidence and filed motions to be considered by Judge Maxwell Wiley. Both sides presented their arguments in court on Thursday and Friday.

After viewing the evidence and hearing the arguments, Wiley rejected the motions, clearing the way for all evidence to be presented during the trial.

Prosecutors objected to the defense’s request to enter Neely’s medical records and allow certain witnesses to testify.

One of those witnesses is forensic psychiatrist Dr. Alexander Bardey, who would likely testify about Neely’s alleged abuse of the drug K2.

“Their suggested introduction is a transparent attempt by the defense to smear the victim’s character so that the jury will devalue his life,” Assistant District Attorney Dafna Yoran wrote in a legal filing.

In response, Penny’s attorney Thomas Kenniff said the testimony would “demonstrate that Mr. Neely was likely under the influence of K2 and experiencing a psychotic episode when he boarded the Queens-bound F train on May of last year.”

He added that the defense does not intend to smear Neely’s character.

The defense sought to exclude statements made by Penny after the deadly incident to police at the subway station and the precinct from the trial. Video of Penny being interviewed by NYPD detectives was shown in court.

“I’m not trying to kill the guy. I’m just trying to de-escalate the situation,” Penny said during the interview.

Penny also demonstrated the chokehold he performed on Neely in the video.

The defense argued that Penny was not being treated as a suspect at the time of his questioning, so it should be inadmissible in court.

Penny is facing five to 15 years in prison for the manslaughter charge and up to four years for the negligent homicide charge. He is currently free on $100,000 bail.

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