Testimony about the psychiatric history of a man who died in a chokehold aboard a New York City subway is only meant to “smear” the victim and should be precluded from upcoming trial of a former Marine charged with manslaughter in the case, the Manhattan district attorney’s office said in a new court filing.
Daniel Penny is scheduled to stand trial next month after he put Jordan Neely in a fatal chokehold in May 2023 aboard an F train in what his attorneys say was an effort to “protect the lives of his fellow passengers.” Penny’s attorneys are seeking to call a forensic psychiatrist who they said would “opine regarding the extent of Neely’s K2 abuse” and why that may have caused him to allegedly become “insanely threatening” to subway passengers.
Prosecutors asked the judge to exclude the testimony of the psychiatrist, Dr. Alexander Bardey, and limit what the defense can show from Neely’s psychiatric records.
“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,” assistant district attorney Dafna Yoran said in a motion to preclude Bardey’s testimony from trial.
Daniel Penny is escorted in handcuffs by the NYPD after turning himself into the 5th Precinct on May 12, 2023 in New York City.
Alexi Rosenfeld/Getty Images, FILE
“Numerous witnesses will testify regarding Mr. Neely’s aggressive behavior on the date of the incident,” Yoran said. “The jury does not need and cannot be permitted to hear Dr. Bardey’s opine as to why Mr. Neely was aggressive.”
Jordan Neely in Times Square, New York, in 2009.
Andrew Savulich/New York Daily News/Tribune News Service via Getty Images, FILE
The defense has said Neely’s psychiatric history includes non-compliance with medication and chronic K2 abuse and argued that is relevant for the jury to hear.
“Neely’s history of volatile behavior while in treatment, and the steps taken to subdue/restrain him, are documented in these records, and speak to why our client had to use the force necessary to restrain him on the date of incident,” said defense attorney Thomas Kennif, who has argued Penny was justified in seeking to subdue Neely.
Penny has pleaded not guilty to manslaughter and negligent homicide charges. He is scheduled to begin trial Oct. 21, re-submitting the highly charged case into the public consciousness less than a month before the election.
In a high-profile case that has captured the attention of the nation, prosecutors are alleging that Daniel Penny’s defense team is attempting to discredit Jordan Neely in the subway chokehold case. The incident, which took place on a crowded subway platform in New York City, has sparked outrage and calls for justice as Neely, a young African American man, was allegedly choked by Penny, a white man, in a racially charged altercation.
According to prosecutors, Penny’s defense team has been working tirelessly to undermine Neely’s credibility and character in an attempt to sway the jury in their favor. They have reportedly dug into Neely’s past, looking for any potential inconsistencies or questionable behavior that could be used to cast doubt on his version of events.
This tactic is not uncommon in high-stakes criminal cases, where defense attorneys often seek to create reasonable doubt by attacking the credibility of the prosecution’s key witnesses. In this case, Neely’s testimony is crucial to proving that Penny used excessive force and racially motivated aggression in his altercation with Neely on the subway platform.
However, critics argue that this strategy is not only unethical but also perpetuates harmful stereotypes and biases against marginalized communities. By attempting to discredit Neely, Penny’s defense team is effectively shifting the focus away from the real issue at hand – the use of excessive force and racial bias in the criminal justice system.
The subway chokehold case has reignited conversations about police brutality, racial profiling, and systemic racism in America. It has also highlighted the importance of holding individuals accountable for their actions, regardless of their race or social status.
As the trial continues to unfold, it is crucial for the public to remain vigilant and demand justice for Jordan Neely and all victims of racial violence. Prosecutors must be allowed to present their case without interference or attempts to discredit their key witnesses. Only then can we hope to achieve true accountability and equality in our criminal justice system.
