pressure.
The Daniel Penny manslaughter trial in lower Manhattan is in jeopardy.
The defense is trying to protect his freedom and honor by convincing the jury that he was innocent and was just trying to help a fellow New Yorker.
And it's closing in on embattled Manhattan prosecutor Alvin Bragg, whose crime-fighting policies helped shape Manhattan's unstable law and order and set the stage for the events that led to this trial. It's in order.
Mr. Bragg finally appeared in court today as both sides made closing arguments.
Even Monday's proceedings, which began an hour and a half late due to arguments and technical problems, were physically unpleasant. The temperature in the crowded courtroom soared, a stark reminder of how charged this whole case was.
And in the end it all comes down to this. While restraining Jordan Neely in a chokehold, did Penny apply enough continuous and sufficient pressure to cause the 30-year-old mentally ill man's death?
The defense argued in closing remarks that the Marine Corps veteran, who is trained in chokeholds, did not.
“What happened on May 1, 2023 was not suffocation,” defense attorney Steven Reiser said. “They have to prove that Danny actually applied it in a way that was: consistent enough until he died. The truth is, he didn't. ”
Riser added that he did not apply such pressure to Penny because he did not intend to “knock him unconscious.”
Mr. Reiser echoed the findings of Dr. Tundor, an expert in forensic pathology, who disputed the medical examiner's conclusion that Mr. Neely died of asphyxiation. Tundor said Neely's cause of death was a combination of street drug K2 use, schizophrenia and a struggle that triggered a sickle cell crisis in his body.
“He didn't die because Danny strangled him. He was in a state of near death because his medical condition didn't allow oxygen in his body,” Riser said.
“Danny couldn't have predicted that. [Neely’s] He is innocent because he died with a sickle. ”
Mr Reiser described Neely's extensive mental illness, which was described by an expert witness as a “severe” case of paranoid schizophrenia. He also believed that rapper Tupac Shakur, who died in 1996, was “using himself to change the world.”
The defense then tried to place jurors in a subway car on the Uptown F line approaching the Broadway-Lafayette station in May 2023.
He put together a montage of eyewitness accounts. Many said their fear levels were so high that they caused physical reactions.
“You can't go anywhere. You can't go anywhere…Everyone was frozen in fear,” Reiser said, adding that his client “got up without knowing if Neely was armed or not.” Ta. They detained him until the police arrived. ”
And it took a long time for them to arrive.
Reiser brought up again the case in which the coroner ruled Neely's death was due to asphyxiation before all tests, including toxicology, were completed.
“We acknowledge that there was a hasty decision based on non-medical considerations,” he said, suggesting the lawsuit was filed to satisfy protesters.
He claimed that the video shot by journalist Juan Alberto Vazquez only helped their case and that the government simply did not deliver the promised supplies.
In a rebuttal for prosecutors, Manhattan Assistant District Attorney Dafna Yolan tried to paint Penny as someone with “real blind spots” for Neely — and that he “has been acting recklessly for too long.” He used too much force.”
Then she explored his character and got personal. She said Penny, who was described as “calm” by her family, was insensitive when speaking to police in the now-viral police interrogation video. In the video, she claimed he showed no remorse or remorse and lied to police.
Although Penny didn't realize she was a suspect at the time, she was willing to go to the police because she thought she was mitigating a potential disaster. At that point, he didn't know Neely had died.
“Our society cannot allow citizens or police to kill people based on empty threats,” Yolan said, adding, “The defendant could have easily restrained Mr. Neely without suffocating him. ” he added.
Sitting in court last month, I came to the conclusion that Penny did not suffocate him. What happened to Neely is a tragedy and a sad ending for a troubled man with a history of subway violence. However, beyond a reasonable doubt, I did not apply Neely's death to Penny.
“If you were to get on the train next time, who would you like to go with?'' Riser asked. “The government wasn't there. The police weren't there when the people on that train needed help. Danny was.”
And I hope the 12 Manhattanites on the jury return the favor.
