New Details Emerge About Jurors In Daniel Penny's Deadly Chokehold Trial

2 months ago 5

The judge presiding over the trial of Daniel Penny ruled that the jury will remain anonymous due to "threats" made to the prosecution and defense, as jury selection continues in the case.

Penny, a 25-year-old former Marine, is accused of choking and killing 30-year-old Jordan Neely on a subway in 2023. Neely was a well-known Michael Jackson impersonator who was homeless. He boarded the subway and reportedly began threatening people. Penny allegedly approached him from behind and placed him in a chokehold.

Neely was later pronounced dead at a hospital. His death was ruled a homicide by compression of the neck. Penny is charged with second-degree manslaughter and negligent homicide.

Jury selection in the case began on Monday. Protestors gathered outside the courthouse held signs in support of Neely and chanted "murderer" at Penny.

Daniel Penny
Jurors in the trial of Daniel Penny will remain anonymous following a ruling by the judge due to "threats" on both sides. Protestors gathered outside the courthouse on Monday as jury selection began. Photo by Spencer Platt/Getty Images and AP Photo/Yuki Iwamura

On Thursday, New York Supreme Court Justice Maxwell Wiley ruled in favor of the prosecution's request to conceal the identities of the 12 jurors who will be selected to hear the case.

Assistant District Attorney Dafna Yoran made the request "based on prior threats that have been received in this case by all sides."

She added that anonymity could help ensure a "fairer" outcome in the case.

"I believe that's wise," Wiley said.

He said he is aware of the various threats that have been made over the past several months.

Daniel penny
Protesters gather outside of a New York City courthouse as jury selection begins in the trial of Daniel Penny, who is charged in the death of Jordan Neely, on October 21, 2024, in New York... Spencer Platt/Getty Images

"There's not just opinions, but very, very strong opinions," Wiley said. "There's been people who have not been afraid to make threats."

Penny's attorney, Thomas Kenniff, did not object to the request.

Potential jurors are being asked if they could serve on a trial that is expected to last about six weeks.

"Even if you have formed an opinion about it, that does not disqualify you from serving on this case," Wiley told potential jurors. "If you have formed an opinion on this case, you have to be prepared to change it."

Individuals who are not excused are being asked to return on Friday for the next phase of juror questioning. Wiley previously said he hopes to have 90 potential jurors in court Friday.

Jordan Neely Daniel Penny
Daniel Penny, accused of fatally choking Jordan Neely, is expected to appear in court on Thursday. Penny is charged with second-degree manslaughter and negligent homicide. Photo by Andrew Lichtenstein/Corbis via Getty Images and AP Photo/Frank Franklin II, File

Earlier this month, Wiley ruled against motions from prosecutors and defense to suppress evidence in the trial.

Prosecutors objected to the defense's request to admit Neely's medical records into evidence and allow certain witnesses to testify. The defense objected to prosecutors presenting statements made by Penny to police at the subway station and the precinct.

Wiley denied motions from both sides, clearing the way for all evidence to be presented during the trial.

If convicted, Penny is facing five to 15 years in prison for the manslaughter charge and up to four years for the negligent homicide charge.

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