The couple who filmed Marine Daniel Penny in a Manhattan subway car as he subdued a violent homeless man, Jordan Neely, who died after the incident, have refused to testify at the upcoming trial and refused to hand over video they took of the incident.
In a transcript obtained by the New York Post, Manhattan Supreme Court Justice Maxwell Wiley on Monday revealed that two European eyewitnesses have declined bids to get them to return to the city for Penny’s October trial and hand over the footage to prosecutors.
During the lawyers-only conference, Wiley said the husband and wife “apparently took a video of the incident, and since that time have declined to testify in the Grand Jury, and have gone back to their home, which apparently is in Europe someplace.” He added, “They have so far refused to share the video that they took. They refused to share it with the DA, or with anyone else, and they are so far refusing to come back to testify.”
The judge said that the couple has conducted a few video meetings with the Manhattan District Attorney’s office but have not agreed to fully cooperate yet. It is unclear where the couple is from in Europe, and no explanation was provided as to why they are refusing.
Penny has been charged with second-degree manslaughter and criminally negligent homicide for the May 2023 incident, in which Penny allegedly placed Neely in a chokehold after the man was exhibiting erratic and aggressive behavior towards passengers, witnesses said. Neely died as a result, with a New York medical examiner ruling the cause of death as “compression of the neck,” classifying it as a homicide. […]
— Read More: thepostmillennial.com
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