NEW YORK – New York City Marine Corps veteran Daniel Penny returned to court Monday for his manslaughter trial, and his defense team said the prosecution's star witness, Dr. Cynthia Harris, presented to the city medical examiner's office As a result, he filed a new motion to declare a mistrial. He brought up the word “murder” on the witness stand.
“Dr. Graham reviews every homicide report,” Harris said Friday, when discussing the cause and manner of Jordan Neely's death.
Judge Maxwell Wiley ordered that comment to be retracted, but other testimony from the conversation leading up to it will remain part of the lawsuit.
Penny, 26, is on trial for the death of Ms Neely, 30, but has not been charged with manslaughter. Prosecutors charged him with manslaughter and criminally negligent homicide. Witnesses said Neely forced his way into a subway car, threw his jacket on the ground and began making erratic death threats.
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Daniel Penny arrives at Manhattan Supreme Court on Monday, November 18, 2024 in New York City. Penny, a retired Marine, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely in New York City. subway train. (Adam Gray, Fox News Digital)
Earlier this month, Penny's defense filed a motion for a mistrial, arguing that prosecutors improperly portrayed Neely's death as a racial issue. Penny has not been charged with a hate crime.
The defense argued that Penny had no rights. fair trialAnd prosecutors have tried to paint Penny as a “white vigilante” and unfairly allowed Johnny Grima, a homeless witness convicted of hitting someone with a bat, to call the defendant a “murderer.” He said he had allowed it and raised a number of objections. ” from the witness stand when he was not charged with murder.
Mr. Wiley also denied the request, but told Mr. Penny's team, “I see what you mean.''
Before the jury enters the room on Monday, both sides will present additional evidence to the judge, a police report that describes Neely as a man screaming, not screaming, when police arrived. We talked about it.
He was unresponsive when police arrived, but confusion arose regarding Dr. Harris' testimony.
Dr. Cynthia Harris arrives for the trial of Daniel Penny at the Manhattan Criminal Courts building on Friday, November 15, 2024 in New York City. (Adam Gray, Fox News Digital)
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She returned to the stand for a third day on Monday. She is the 34th witness called by the Manhattan District Attorney's Office. Once her questioning is complete, the defense team is expected to begin calling its own witnesses.
Although Neely had a synthetic drug likened to cocaine in his system, he did not wait for a toxicology report to reveal the cause and manner of death, and was adamant that his death was due to suffocation, not cardiac arrest. He still had a pulse when Penny let go.
There was no damage to his jaw, neck or midline structures, she said. She found scrapes and bruises on his face, neck, torso, and arms, petechiae (small red spots from bleeding) in his eyes, and organ damage due to sickle cell characteristics.
This undated photo on Friday, May 12, 2023, provided by Mills & Edwards LLP in New York, shows Jordan Neely (left) with her aunt Carolyn Neely. (Courtesy of Mills & Edwards, LLP, via AP)
Harris' testimony began Thursday, when Joseph Cavaler, the Marine Corps martial arts instructor who taught Penny the chokehold, told jurors the point of the exercise is to control a threat until he loses consciousness. .
Testimony is expected to be completed by Thanksgiving.
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Penny could face up to 15 years in prison if convicted of the top charge of manslaughter.
