Thread by @innercitypress

OK - now NY v Daniel Penny opening arguments, criminal case for death of Jordan Neely. Inner City Press covered the perp walk, and Oct 3 suppression hearing substack.com/home/post/p-14… now will live tweet opening, thread below x.com/innercitypress…

Daniel Penny and his two lawyers have just walked into this 13th floor courtroom.
Judge: Off the record, does the Defense intend to make an opening today?
Penny's counsel: Yes.
[Through the windows, chants from down on Centre Street] Drum roll...

Judge: The defense moved to introduce parts of some statements witnesses made to officers that were captured on body-worn camera, just after the incidence. The Court has reviewed some - they may be excited utterances, others not

Judge: There was a witness named Ms. Rosario at 2:38 pm, I can see most of it coming in except the last part where she was asked by the officer, Did it look like he was on drugs - I don't think that will come in

Judge: Likewise a Mr. Latimer, he displays emotion and excitement with only light questioning by the officer... Ms Giddons (sp) on Sarg Brito's camera, that seems excited
ADA: The whole Q&A?
Judge: I think so - there was no question about being on drugs

Judge: Anything else before the jurors enter? I noticed the demonstrations this morning, they are audible in the robing room and elsewhere - I will admonish the jurors not to pay attention. Bring in the jury

Jury entering!
Judge: Happy to see you, jury selection is over. This is the People of the State of New York against Daniel Penny, he is charged with manslaughter in the second degree and criminally negligent homicide, Jordan Neely.

Judge: Anyone who wants to take notes, raise your hand. [Most jurors do] It is a short week next week [no trial on Election Day, or Wednesday either] We'll begin with the People.
ADA: Good morning jurors. Jordan Neely took his last breaths on a dirty floor

ADA: Jordan Neely was homeless and mentally ill. On May 1, 2023 he demanded to be seen. He walked in - he talked about being hungry. He made threats about hurting people and wanting to go to jail for life. Daniel Penny took it upon himself to neutralize him

ADA: The defendant kept Mr. Neely in a deadly chokehold. When Mr. Neely naturally tried to break free, Mr. Penny applied more pressure. When he let go, Mr. Neely was in the last stages of the dying process. The defendant had killed him - permanently silencing him

ADA: Deadly physical force such as a chokehold is only permitted if necessary. The defendant went waaaay too far. His indifference toward Mr. Neely caused him to needlessly kill him. In contravention of law and human decency, the defendant did not try to defuse

ADA: He was indifferent to Mr. Neely's humanity. He is charged with manslaughter in the second degree, and criminally negligent homicide if he failed to perceive the risk. You will hear from many people on that northbound F train. At 2d Ave, Jordan Neely got in

ADA: He was ranting, but at no one in particular. He said he would kill anyone, that he was ready to go back to jail for life. The witnesses were like you - young girls, not young girls, men with criminal records. They will say Mr. Neely did not show a weapon

ADA: Despite the fact that he did not display a weapon or direct his threats at any particular person, people began to move away. Still some people felt trapped. The defendant, a former Marine - he told detectives he wasn't scared for himself, he protected others

ADA: The defendant went for the jugular without trying other ways of defusing. The defendant's arm was wrapped about his neck, his legs around his torso. Mr. Neely was thrashing. At 2:23:30 the train arrived at Broadway-Lafayette, we'll show from i-Track.

ADA: The defendant told the exiting passengers to call the police. There was no one left on the train for the defendant to protect. Mr. Penny knew that Mr Neely was not armed. Mr. Neely did not pull out any weapons while trying to pull out of defendant's chokehold

ADA: The defendant did not ask people to check if he was armed. So he clearly knew Mr. Neely was not armed. But with no one in real danger, the chokehold continued, five minutes and 53 seconds. For some he was resisting. Yvette Rosario filmed from the platform

ADA: Yvette Rosario, a 17 year old girl, filmed with her cell phone - it shows Mr. Penny's hand on Mr. Neely's. One minute and 52 second after the train arrived, a Mexican journalism named Juan Alberto Vasquez entered the car. His 5 minute video is critical

ADA: You will see how unnecessary this chokehold was. Two able bodied men were there. Mr. Neely was 6 foot one inch, but skinny. The count was three on one. You will not meet the person on the right, a German tourist who refused to return to NY

ADA: The defendant did not let go until 2:29. When he is released, he is limply lying on the floor. You will learn Defendant had specialized training in chokeholds
[mic and speaker begin to echo]
Judge: Our electronics are not great. Please continue.

ADA: The defendant's own trainer will testify there arev 2 kinds of chokeholds: blood choke, and the air choke. The first stops the blood from going into the head - pass out in 8 to 13 seconds. In training, they are only allowed five second. The person can tap out

ADA: A Green Belt Marine like the defendant knows that. But he continued for 51 seconds. The air choke, it's the front of the neck. The trainer will tell you this is not recommended, there is a danger you will damage their air ways. Oxygen can't reach their brain

ADA: The defendant's was a combination of blood choke and air choke. The defendant was aware he was unconscious. Mr. Gonzalez will tell you he felt Mr. Neely go limp. You'll see when he let go, he left Mr. Neely on the floor and didn't look back. He got his hat

ADA: He was aware of the risk and did it anyway. That falls below the standard of care required of a reasonable person. But why? Why was the defendant so reckless with another person's life? The judge will tell you that's not something we have to prove

ADA: We will show you that Mr. Penny did not recognize Mr. Neely's humanity. He did not try to revive him. The defendant is a Marine trained in First Aid. He just stood, waiting for the police to arrive. He was unconcerned about Mr. Neely's welfare

ADA: He told the officers that Mr Neely had been threatening everyone and "I just put him out." Unapologetically. He said it while Mr. Neely was on the floor. Obviously it was likely he was going to die. Why did he not see Mr. Neely's humanity? Appearance or more?

ADA: As for Jordan Neely, nothing could be done to save him. The police officers did not give up on him. Then the EMTs showed up, trying for 26 minutes. He was pronounced dead at the hospital. You will hear from the Medical Examiner he died from the chokehold

ADA: You will hear evidence about mental illness, and sickle cell, largely benign. This trial is not a referendum on the timeliness of the police's response or our society's failure to deal with mental illness on the subway. It is about, was he criminally reckless

ADA: We'll ask you to find the defendant guilty.
Judge: Jurors, I'll give you some time.
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They've back.
Daniel Penny's lawyer Thomas Kenniff: This is about a man doing what we would all like done for us. Threats to kill people, in the closed confines of a moving subway car, you either bury your head and pray, as some did, or you stand up and protect

Penny's lawyer: Danny grew up on Long Island, then enlisted in the Marines. They he enrolled at City Tech in Brooklyn to study architecture. He taught swimming, and rode the subway everyday. He had finished his morning classes - the train was crowded

Penny's lawyer: Danny is headed to the gym on 23rd Street, he doesn't get off at 2d Ave as usual. He puts on his ear buds. A seething, psychotic Jordan Neely come on and announces his presence. Danny thinks, he's just high on drugs. But this was different

Penny's lawyer: Mr. Neely throws his jacket on the floor, makes demands and takes on a fighting stand. He says, give it or I'll take it. Concern turns to fear. He's talking about going back to Rikers, being ready to die. Neely is moving up the subway car, lunging

Penny's lawyer: Neely sets his sights on a bench of female passengers. Danny sees a mother with a child behind a stroller, Neely says, "I will kill." There was no opportunity to de-escalate, spill a soda or anything. Danny leaps into action, left arm over shoulder

Penny's lawyer: You will hear witnesses call Danny and his conduct respective, non-aggressive, meant to protect. But Jordan Neely did not want the police to come - he had an active warrant out for his arrest. He aggressive resists

Penny's lawyer: As you watch the video I need you to put aside your emotions. That video will not capture the whole story, the first two minutes, the fear he instilled. Danny can barely contain Jordan Neely because he is resisting so aggressively.

Penny's lawyer: Neely appears to give up - then explodes again. Even with two other man, Danny must struggle to contain him. Then a 1st call gets through to the police dispatcher. There is no call to them calling Danny as the aggressor. But the police are nowhere

Penny's lawyer: Jordan Neely did not say, "I can't breathe." Danny pleaded with onlookers to call the police. He was concerned Mr. Neely would summon another burst. Mr. Gonzalez, the dark-skinned man you see on the video, confirms this: a 5 minute struggle

Penny's lawyer: The burden of proof is on the government. The evidence will point to cardiac arrest due to drugs, or sickle cell. Danny did not apply pressure on his neck for a length of time to cause death.
[Sips water]

Penny's lawyer: Danny sought to protect those not able to protect themselves. He is not a killer, he is not guilty of any homicide. We'll ask you to find him not guilty. Thank you.
Judge: First witness?
ADA: The people call witness Tejada

Judge: Mr. Tejada, welcome.
ADA: Officer, how long have you been with NYPD?
Tejada: Five years. I was a public safety officer with the 5th precinct. [Inner City Press covered his pre-trial testimony at the suppression hearing: matthewrussellleeicp.substack.com/p/extra-at-dan…

[Jury being shown shaking body-worn camera video of Officer Tejada running into Bway-Lafayette subway station, past a Marc Jacobs ad, onto the platform. Penny: He came on, [scared the] shit out."
ADA: You said call a bus?
Tejada: Ambulance.
[People's Exhibit 1.]

AUSA: What is Sgt Johnson doing?
Tejada: Administering Narcan
[All of the police officers now have on bright blue gloves, yellow and black Tasers visible in their holsters.
Jurors staring intently at the video screen. Judge is standing with his arms crossed]

ADA: I'm going to stop showing the video at this point. Let me show you some more exhibits. [Prosecutor hands photos first to the defense, then to witness Tejada; looks out over courtroom gallery.]
ADA: It was Car 9774?
Tejada: Yes.
ADA: No further questions.

Judge: Cross?
Penny's lawyer: The call you got for the radio run mentioned a gun?
Tejada: Yes.
Penny's lawyer: Then about someone harassing people on the subway - a male Black, correct?
Tejada: Yes.
Penny's lawyer: You suspected the perp had a gun?
Tejada: Yes.

Penny's lawyer: You recovered an item from Mr. Neely's jacket pocket?
Officer Tejada: Yes, a muffin.
[Small laugh from somewhere in the courtroom]
Penny's lawyer: You got to the subway 6 to 7 minutes after you got the call for the radio run?
Tejada: Yes

Penny's lawyer: No one tried rescue breaths on Mr. Neely, correct?
Tejada: No one did.
Penny's lawyer: But they tried Narcan before CPR, right?
Tejada: I don't remember the sequence.
Penny's lawyer: It took ten more minutes for EMS to come?
Tejada: I believe so.

Penny's lawyer: Danny remained on the scene and cooperated with officers, correct?
Tejada: Yes.
Penny's lawyer: Didn't appear he had anything to hide?
Tejada: No.
Penny's lawyer: Did you speak with bystanders?
Tejada: No.

Judge: We'll break.
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