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The Daniel Penny chokehold trial continued in a Manhattan courtroom on Tuesday. Penny is the former Marine who is accused of murdering homeless passenger Jordan Neely on an F train in May of 2023 after Neely loudly threatened several passengers. Penny claimed he was acting in self-defense and was protecting other passengers. The medical examiner testified on Friday that Neely’s death was caused by the chokehold, regardless of any drugs that might have been in Neely’s system at the time of his death. Jesse Weber is an anchor on the Law and Crime Network, and is the co-host of Always in Fashion, heard Saturdays and Sundays at 7pm on WOR. He appeared on the WOR Morning Show and said the ME’s testimony may have been the best evidence the prosecution has to prove its case.
“I would say to you it’s probably some of the strongest evidence for the prosecution, after what has already been a weak case for them’” Weber told host Larry Mendte. “So they had this medical examiner who testified, and remember, there are two big issues in this case. One is whether or not Daniel Penny actually killed Jordan Neely- was he the cause of death- and b, was it justified. The medical examiner said that the cause of death was that chokehold… and it got a little controversial because the medical examiner actually used the word ‘homicide’. The problem with that is, while that might be okay in other trials, (Penny) is not only charged with manslaughter here, he’s also charged with criminally negligent homicide, and you can’t have a medical examiner making a conclusion of law like that, but the judge struck it from the record (and) the testimony’s still standing.”
Meanwhile, Weber laid out what strategy Penny might use as his best explanation for what happened on the subway that day. “Now, his best defense to that would be, listen, I’m holding in because this guy was still flailing around, he was a danger, I thought he was still breathing. The issue in this case is not whether he was unjustified in putting the chokehold; I think even the prosecution conceded that it was laudable what he did… but it’s how long he held the chokehold for- six minutes, or almost six minutes, and that’s gonna be what the jury has to wrestle with.”
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