Thread by @innercitypress

OK - now NY v. Daniel Penny Day 3 of jury deliberations, to start with read-back of Dr. Harris. Inner City Press wrote book "Penny for Your Thoughts" and is here in the courtroom for any jury notes or verdict, will live tweet, thread belowamazon.com/dp/B0DNXVK8JC

Update of 10 am - the two court reporters who started dramatic reading of Dr. Harris' cross-examination are here and ready. ADA Dafna Yoran has come into the courtroom; still no Daniel Penny, or judge, much less jury

Update of 10:04 am: Daniel Penny and his lawyers and team come into the courtroom. In the first row of the gallery behind them is a team member, previously law enforcement, who appears to have appeared on Netflix' Get Gotti, about wire tapping the Bergin club

Update of 10:07 am: Judge Maxwell Wiley has come in.
Judge: Bring in the jury.
Jury entering!
Judge: We'll continue with the read-back of the cross of Dr. Harris. The fan is on again, another judge on this floor wanted it on, the court reporters will do their best

Faux Harris: We went across the hall to the NYPD room and all watched the video.
Faux Raiser: We are only talking about the cause of death. Had you prepared a death certificate?
Faux Harris: Yes. It said Pending further tests. A whole slew of things

Faux Harris: A small piece of heart was preserved, for genetic testing. I ordered it when I confirmed the finding of sickle cell.
Faux Raiser: When was that done?
Faux Harris: A note from 5/23/23 shows I asked for testing of the piece of heart, for 7/14/23

Faux Raiser: This was a high profile case?
Faux Harris: Yes. But that designation is not only for this case, but also celebrities, and family members of people in our office. It also us to block access.
Faux Raiser: The Chief was appointed by Mayor Adams?
A: Yes

Faux Raiser: Could Mr. Neely be described as behaving angrily?
Faux Harris: I would say, he was behaving erratically.
Faux Raiser: Are you aware Mr. Neely was not sober?
Faux Harris: Yes
Faux Raiser: He smoked K2 daily.
Faux Harris: I did not see any heart disease

Faux Raiser: In order to asphyxiate a person to death requires sufficient pressure on both side, correct?
Faux Harris: It can vary, but it has to be sufficiently consistent long enough for the person to lose consciousness.

Faux Raiser: But the video can't tell you if the pressure was sufficiently consistent, can you?
Faux Harris: He died.
Faux Raiser: You testified to the Grand Jury in June and said, "I can't tell you how much pressure was applied." Do you recall?
Faux Harris: Yes

Judge Wiley: That concludes the read-back. Juror, you are to retire and continue your deliberations.
Jury exits.
Officer: Thirteen floor, lock down. In the gallery, remain seated.
Daniel Penny and lawyers (and team including Get Gotti guy) file out

Judge Wiley leaves after the jurors.
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Update of 11:43 am - a note has been handed to the clerk, then now to ADA Dafna Yoran. Something is afoot

Update of 11:45 am - Daniel Penny, lawyers and team have come in. Court security officers milling around; admonitions to be quiet in the courtroom.
Judge Wiley comes in.
Judge: We have a note, the jurors want the Vasquez and Rosario videos

Judge: I'll send them in the laptop again. See you at the next note.
[The wait continues. Here's book and audiobook about the trial evidence - link includes a 5 minute audio sample : ) amazon.com/dp/B0DNXVK8JC

Update of 12:09 pm - ADA Dafna Yoran comes back in and is handed a note, reads it. Now discussing with her colleague. Daniel Penny and his lawyers still not here.

Update of 12:12 pm - Daniel Penny is here and seated.
Judge Wiley: We just got a note, We request that Judge Wiley read the definition of recklessness and negligence. And can we have them in writing.
Do the parties give consent?

Both parties consent, to give the jury, in writing, the statutes and the jury instruction.
Judge: Bring in the jury.
Jury entering!
Judge: OK, I'll read to you. Recklessly, for manslaughter in the second degree...

Jury exits.
Judge Wiley: I'll get the jury instructions ready
Penny's lawyer Kenniff: The entire instruction, right?
Judge: Only on the two points they asked about. Do you consent?
[Kenniff briefly whispers with Penny then says]
OK

[While Judge Wiley works on jury instruction, ADA Dafna Yoran pulls out her cellphone.
Court officer: Counsel, no cell phones. The Judge is on the bench.
[ADA Yoran slowly walks out, talking on the phone]
Kenniff: We only consent to part 2.
Judge: Go get Ms. Yoran

ADA Dafna Yoran returns.
Judge: I think I need to call the jury back in to explain to them.
ADA Yoran: You can't get sent it?
Judge: I need to explain. Bring them in.
Jury entering!
Judge: What I'll send in will include justification too
Jury exits

ADA Dafna Yoran: Are we taking lunch [break]?
Judge: Yes
[If like & can, support: paypal.com/paypalme/matth…
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Update: Here in courtroom since 2:15 pm, no notes from jury. Now at 4:45 pm, a note. Court security officers gaggle.
Come to order!

ADA Dafna Yoran has come into the courtroom.
Court officer says / shouts, "Quiet!"
Now Daniel Penny and his lawyer come in.
Judge Wiley summons both sides up to the bench, whispered sidebar

Judge Wiley: Bring the jury in.
Jury entering!
Judge: Welcome back, we got your note, that you wish to be released for the day. I will let you go

Judge leaves.
[If like and can, support: paypal.com/paypalme/matth…
Venmo: [at] Matthew-Lee-675
books: amazon.com/author/matthew…
ongoing, w/ extras, like on X for Subscribers: matthewrussellleeicp.substack.com
w/ documents: patreon.com/MatthewRussell…