According to a local news report, two European eyewitnesses of the altercation in which Jordan Neely died and New York City Marine Infantry Veteran Daniel Penny faces manslaughter allegations have returned home and refused cooperation with prosecutors at Manhattan District Attorney Alvin Bragg’s office.
Penny, 25, will be on trial next month. He appeared in a cellphone video in which he placed Neely (30) in a chokehold while other passengers restrained him in May 2023.
The homeless Neely acted erratically, threatening other subway riders. He also had a mental illness. He later lost consciousness.
The New York Post reported that the foreign witnesses had spoken to investigators via conference calls, but they refused to cooperate or provide video footage of the incident. This was based on transcripts from an in-closed-doors meeting between the judge and lawyers for both sides.
Penny’s attorneys declined to comment on the proceedings but were quoted as saying that the European couple’s testimony would “incredibly favor the defense.”
Bragg’s office representatives did not immediately reply to comments.
The judge informed the lawyers that “they have refused to share their video so far.” They refused to share the video with anyone, including the DA. And they have so far refused to return to testify.
On Thursday, it was not clear what video the European couple might have.
In June 2023, prosecutors said they already had five videos from eyewitnesses of the incident and surveillance footage they intended to use as evidence.
Neama Rahmani is a former federal prosecutor in Los Angeles. She said that Penny’s defense team has little power to force a foreigner to testify or provide evidence in court. There are international agreements like the Hague Convention which allow international service. However, in practice, no judge could force European witnesses to obey an American subpoena.
He said that self-defense cases can be difficult to prosecute, and many of them result in not-guilty verdicts.
He added, “Penny’s lawyers will need to rely upon witnesses who are law enforcement officers and prosecutors who live in the State and can be forced to testify even if they do not want to by the judge.”
The critics of Bragg’s decision to prosecute Penny call the move political. They believe the veteran acted out of self-defense to protect the other passengers.
Penny said in June 2023, “If [Neely] would have carried out his threat, he’d have killed someone.”
Another witness raised similar concerns.
Neely allegedly yelled, “I’ll kill an F if that is what it takes.” “I’ll be in jail, and I’ll take the bullet.”
Penny could face up to 19 years in prison if she is convicted. She spoke with the police 11 days before Bragg’s office filed charges. His next court appearance is set for October 3.
