As the trial of Marine veteran Daniel Penny approaches, two European eyewitnesses have declined to cooperate with prosecutors, leaving defense attorneys eager for their favorable testimony. The case stems from an altercation in which Penny placed Jordan Neely in a chokehold, resulting in Neely's death.
The legal proceedings surrounding the tragic subway chokehold case of Marine veteran Daniel Penny have encountered a significant setback as two European eyewitnesses have refused to cooperate with prosecutors. The incident, which transpired in May 2023, has captivated the attention of the public and sparked debates about self-defense and the complexities of the justice system.
European Witnesses Refuse Cooperation in Daniel Penny Subway Chokehold Case
Penny, a 25-year-old Marine, is scheduled to go to trial next month for his alleged role in the death of 30-year-old Jordan Neely. Penny was captured on cellphone video placing Neely in a chokehold while other passengers assisted in restraining the erratic and aggressive homeless man. Neely, who had a history of mental illness and violence, lost consciousness and later died.
According to a report by the New York Post, the foreign witnesses have participated in conference calls with investigators but have declined to provide formal cooperation or share video footage of the incident. The witnesses' absence has left a significant void in the prosecution's case, as defense attorneys have expressed confidence that their testimony would strongly support Penny's self-defense argument.
European Witnesses Refuse Cooperation in Daniel Penny Subway Chokehold Case
In a closed-door meeting with the judge and attorneys for both sides, the transcripts reveal that the witnesses have refused to "share the video that they took" with prosecutors or "come back to testify." The judge expressed frustration with the situation, noting that the witnesses' cooperation was crucial for the fair administration of justice.
Prosecutors have obtained five eyewitness videos and surveillance footage, but they acknowledge that the European couple's testimony could potentially bolster Penny's defense. Former federal prosecutor Neama Rahmani explained that compelling foreign nationals to testify in court is challenging due to international legal complexities.
European Witnesses Refuse Cooperation in Daniel Penny Subway Chokehold Case
Despite the challenges, Rahmani acknowledged that self-defense cases often result in not guilty verdicts. Penny's attorneys will rely on witnesses who have provided evidence and can be compelled to testify in the state.
Critics of Manhattan District Attorney Alvin Bragg's decision to prosecute Penny have argued that it is politically motivated and that Penny acted in self-defense to protect other passengers. Penny himself has expressed concerns about Neely's violent threats, stating that "if [Neely] had carried out his threats, he would have killed somebody."
European Witnesses Refuse Cooperation in Daniel Penny Subway Chokehold Case
Penny, who cooperated with police voluntarily before charges were filed, faces up to 19 years in prison if convicted. His next court hearing is scheduled for October 3, and the outcome of the trial will hinge on the availability of witnesses and the jury's interpretation of the events that unfolded that fateful night in the subway.
