Bragg's Office Fights To Exclude Neely's Substance Abuse, Mental Health Records In Marine Veteran's Manslaughter Trial
In a heated trial in New York City, Marine veteran Daniel Penny faces manslaughter charges after restraining Jordan Neely in a fatal chokehold.
Daniel Penny's trial centers on a confrontation in the subway that resulted in Neely's death, sparking debates over evidence related to Neely's past behavior, Fox News reported.
Daniel Penny, a 26-year-old Marine veteran, is currently under trial for the manslaughter of Jordan Neely following an incident where Penny used a chokehold on Neely in a New York City subway.
This case has drawn significant attention due to the circumstances surrounding Neely's death and the legal arguments unfolding in court.
The defense argues that Neely's background in drug use and mental health issues are crucial for understanding his actions during the altercation. They have proposed calling Dr. Alexander Bardey, a forensic psychiatrist, to testify on how these factors may have influenced Neely's behavior.
Manhattan District Attorney Alvin Bragg's office opposes this and argues that admitting such evidence undermines the victim’s character.
Intense Legal Battle Over Psychiatric Evidence
During the court proceedings, participants have intensely debated whether to present Neely’s drug use and mental health records to the jury. Prosecutor Dafna Yoran vehemently opposes their admissibility, arguing that introducing such information attempts to bias the jury against the victim.
"The psychiatrist’s testimony and the unredacted psychiatric records are inadmissible and their suggested introduction is a transparent attempt by the defense to smear the victim’s character so that the jury will devalue his life," Yoran stated in court.
According to New York law, a victim's past actions are generally inadmissible unless they were known to the defendant at the time of the incident, Yoran emphasized in her filings.
Debate Over Admissibility of Evidence
The defense team, led by Thomas Kenniff, counters that the effects of drug use, particularly under unclear toxicology results, make it necessary to consider expert testimony. Kenniff's arguments in court filings suggest a need to paint a full picture of the incident’s context for the jury.
"The limited toxicology, and the varying accounts of eyewitnesses, form only a partial narrative," Kenniff wrote, advocating for a broader view of the events leading to Neely's death.
He further argued, "Expert testimony in this regard tends to support two relevant facts: Mr. Neely was using K2 at the time of this incident, not merely in the days or weeks before, and was evincing the behaviors of someone experiencing a K2 high."
The Incident and Subsequent Legal Charges
The altercation took place last May when Neely allegedly threatened other passengers, prompting Penny to intervene by restraining him with a chokehold. The tragic outcome has since sparked a wider discussion on self-defense and the use of force in public spaces.
Dr. Cynthia Harris, who performed the autopsy, concluded that Neely died from asphyxiation caused by the chokehold. Penny, now facing up to 15 years in prison if convicted on the top charge of manslaughter, is also charged with criminally negligent homicide.
Penny’s defense claims his actions were in self-defense, arguing that he acted to protect himself and other passengers. Conversely, the prosecution has labeled Penny's actions as unintentionally reckless or negligent, falling into criminal behavior.