NOT GUILTY Daniel Penny on Trial for manslaughter and negligent homicide of Jordan Neely #4

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  • #341
Now court reporter on the witness stand and another at the podium are acting out the Dr. Harris cross - examination
Faux Raiser: Call up the autopsy report.
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  • #342
Acting it out seems super weird to me. Is this a normal thing?
 
  • #343
Acting it out seems super weird to me. Is this a normal thing?
They did that in the Maya Kowalski vs JHACH civil trial in FL. It is weird, I agree.
 
  • #344
No, jury has not left - they are listening to court reporter's dramatic reading of cross-examination. Some are looking at her; others are looking down at notes they are taking. They have been told they can't keep the notes, that they will be destroyed
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  • #345
[As the read-back of Dr. Harris' cross examination goes on, a person in the courtroom gallery with whom ADA Dafha Yoran was speaking has fallen asleep. In fairness, it is quite warm in this courtroom]
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  • #346
Faux Dr. Harris: I did not feel it was necessary to wait for toxicology.Faux Raiser: This case note says Mr. Neely was brought in with cardiac arrest, correct?Faux Dr. Harris: That's what the doctor told our communications office.
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  • #347
Faux Doctor Harris: Recently the Queens office stopped performing autopsy - so now our office covers deaths not in half of The Bronx, but the whole Bronx.Faux Raiser-Judge: Let's break now
Judge: On the record, we are breaking.

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  • #348
Per Dan Rivoli on 'x': BBM :eek:

Read back of the ME's cross examination lasted a half hour, now a half hour to go Thursday morning Jurors excused for the day

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ETA: I despise 'verdict watch' by tweet. Especially when they are so limited.
 
  • #349
Oh, definitely. He went way too far. He was a trained Marine fighting a malnourished schizophrenic homeless man, and he didn't do a thing to try to de-escalate the situation before he went straight in for the chokehold.

What kind of dystopian world would it be where we let random bystanders administer the death penalty for ranting on the subway? The morgues wouldn't be able to keep up with all the bodies.
 
  • #350

Interesting, that the medical examiner determined cause of death from watching a video, rather than evidence based on empirical standards of practice for her position.
 
  • #351

Interesting, that the medical examiner determined cause of death from watching a video, rather than evidence based on empirical standards of practice for her position.
The video is of Jordan Neely's death, so I don't find that too surprising. Most of the time, there's no footage of the person dying and medical examiners have to rely on autopsy information... but in this case, people had their cell phones out.
 
  • #352
I guess I just don't understand the controversy surrounding this case. An officer of the law would never deprive someone of their life and final breath just because they were undergoing a mental health crisis. Why should some wannabe vigilante be granted that option?
 
  • #353

Interesting, that the medical examiner determined cause of death from watching a video, rather than evidence based on empirical standards of practice for her position.
I'm not surprised that the jury is taking interest in that testimony because it shows a total lack of using the available facts to find the cause of death by the ME.

JMO.
 
  • #354
I guess I just don't understand the controversy surrounding this case. An officer of the law would never deprive someone of their life and final breath just because they were undergoing a mental health crisis. Why should some wannabe vigilante be granted that option?
These 3 sentences say it all IMO.
 
  • #355
I guess I just don't understand the controversy surrounding this case. An officer of the law would never deprive someone of their life and final breath just because they were undergoing a mental health crisis. Why should some wannabe vigilante be granted that option?
I'm not sure that Daniel Penny deprived Jordan Neely of his life.

Looks like some in the jury are not sure of that either based on their request for a read back of the ME's terrible testimony. JMO.
 
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  • #356
On the second day of deliberations, the anonymous jury also asked to rehear part of a city medical examiner’s testimony. The request included her testimony about issuing a death certificate without getting toxicology test results for Jordan Neely, the agitated subway rider whom Penny held around the neck for roughly six minutes.

 
  • #357
I'm not sure that Danial Penny deprived Jordan Neely of his life.

Looks like some in the jury are not sure of that either based on their request for a read back of the ME's terrible testimony. JMO.
That's your interpretation. We won't know until the verdict is in.
 
  • #358
I'm not surprised that the jury is taking interest in that testimony because it shows a total lack of using the available facts to find the cause of death by the ME.

JMO.

The existence of the video showing Jordan Neely dying in real time is an available fact!
 
  • #359
The video is of Jordan Neely's death, so I don't find that too surprising. Most of the time, there's no footage of the person dying and medical examiners have to rely on autopsy information... but in this case, people had their cell phones out.
Can you tell me when he died by watching the video on a cell phone. I can't determine, and to me if he stopped struggling, it might because he knew the wasn't going to get loose. Or he became tired. Yes, medical examiners use an autopsy to determine cause of death, time of death, however, in this case, the ME didn't even wait until the autopsy was completed. JMO
 
  • #360
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