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

[Ontario Mom]

From ICP x.com


Penny's lawyer Kenniff: Outside the courthouse an individuals who previously blocked us in our vehicle was yelling homophobic slurs with amplification - this individual was prosecuted before for throwing incindiary objects at police. He was seated with the family

Judge Wiley: The jury room is on the front of the building - but the chants are audible in other rooms too. I've noticed that the chanting begins in the morning and reaches a high pitch when Mr. Penny arrives, then it goes down, generally

Judge Wiley: I've thought of moving the jury, but I don't want them to think they are unsafe. Also, I don't want them to have to travel through a public hallway to get here. So I'll assume they are following their instructions

 

[shotgun09]

Additional posts from ICP, after the jury left to resume deliberations. Discussing protesters.....

Penny's lawyer Daniel Kenniff: Your Honor, you have previous denied our request to get into evidence robbery as justification - but we want to preserve our objection.
Judge Wiley: Duly noted.

Penny's lawyer Kenniff: Outside the courthouse an individuals who previously blocked us in our vehicle was yelling homophobic slurs with amplification - this individual was prosecuted before for throwing incindiary objects at police. He was seated with the family

Judge Wiley: The jury room is on the front of the building - but the chants are audible in other rooms too. I've noticed that the chanting begins in the morning and reaches a high pitch when Mr. Penny arrives, then it goes down, generally

Judge Wiley: I've thought of moving the jury, but I don't want them to think they are unsafe. Also, I don't want them to have to travel through a public hallway to get here. So I'll assume they are following their instructions

ADA Dafna Yoran: People have a right to protest
Judge Wiley: That's right. If the protest pattern changes, we may have to address this again.
Penny's lawyer Kenniff: We'd like the individual who yells threats of homosexual rape should not be visible to the jury

ADA Yoran: It's only one protester they're referring to - they may be mixing up people. May we also approach? [That is, whispering so it can't be heard by the press and thus public]

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[Ontario Mom]

ADA Dafna Yoran: People have a right to protest
Judge Wiley: That's right. If the protest pattern changes, we may have to address this again.
Penny's lawyer Kenniff: We'd like the individual who yells threats of homosexual rape should not be visible to the jury

<RSBM>

This is simply psychopathic.

jmo

 

[shotgun09]

And, the final judicial decision:

Judge: Back on the record. After a conference at the bench, I'm not going to direct the court officers to take action. The right of public access is not only for the defendant. I don't want to bar people based on things they do outside of this courtroom.

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[justtrish]

Judge: Back on the record. After a conference at the bench, I'm not going to direct the court officers to take action. The right of public access is not only for the defendant. I don't want to bar people based on things they do outside of this courtroom.

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Well this makes no sense to me.

The right of public access is for everyone, but those that are inside are required to abide by the rules. They would never be allowed inside to shout those things during the court proceedings. Why are they allowed to stand outside where it can be heard and yell those things? That has nothing to do with public access. Is he suggesting the state has the right to have people outside yelling these things in support of their case?

 

[Sundog]

Well this makes no sense to me.

The right of public access is for everyone, but those that are inside are required to abide by the rules. They would never be allowed inside to shout those things during the court proceedings. Why are they allowed to stand outside where it can be heard and yell those things? That has nothing to do with public access. Is he suggesting the state has the right to have people outside yelling these things in support of their case?

Demonstrations and protesters are moved all the time for various reasons, including on university campuses, protestors at abortion clinics, etc. These protestors could be moved further away from the building in a determined area while still preserving their right to protest but not to interfere with the judicial proceedings.

 

[Dotta]

NYC Mayor Eric Adams makes shock intervention in Daniel Penny case

New York City Mayor Eric Adams defended the actions of Daniel Penny, whose trial over the use of a fatal chokehold on homeless man Jordan Neely is now in the hands of a jury.

www.dailymail.co.uk

Daniel Penny jury requests key trial evidence as they near verdict

The jury asked for the police bodycam footage from the moment cops confronted Penny and Jordan Neely on the train, along with the original video of the incident.

www.dailymail.co.uk

 

[Jade]

"The prosecutor trying Daniel Penny is a hardline progressive who once bragged about getting a mugger who killed an 87 year-old off a murder charge. Assistant Manhattan DA Dafna Yoran has asked jurors to convict the marine veteran of manslaughter over the subway chokehold death of Jordan Neely, despite previously pushing for 'restorative justice' for criminals." Daniel Penny prosecutor's 'hypocrisy' revealed

As far as a restorative justice I don’t believe Daniel Penny would agree to plea for or even want restorative justice, imo

Usually I’m very pro restorative justice but in this case DP does not meet the requirements for such an allowance.

The first principle of restorative justice is accountability, accepting responsibility.

Then reparation for the harm caused by the actions of the offender.

The offender has to be held accountable for there to be a restorative justice resolution so we will see if that happens.

Even then it doesn’t seem to suit this offender in this situation, imo.

I think DP is very set in his principles and restorative justice would not be a satisfactory option to him, imo.


all imo

 

[Sundog]

NYC Mayor Eric Adams makes shock intervention in Daniel Penny case

New York City Mayor Eric Adams defended the actions of Daniel Penny, whose trial over the use of a fatal chokehold on homeless man Jordan Neely is now in the hands of a jury.

www.dailymail.co.uk

He's pretty much saying what many in the public have already stated, so not sure why it is "shocking." He knows that Neely should have been getting mental health care, and not threatening violence on subway cars. He is saying that NYC failed Neely, and that Daniel Penny stepped up to protect himself and other passengers when the city failed to do so. Sounds about right to me.

 

[Donswife48]

The simple act of protesting when the jury can hear, can definitely sway them. These protesters have bull horns, shouting into them, it's gone from peaceful protesting to aggressive. How many times have we seen cities take extra precautions when the verdict is to be announced. Stores had windows boarded, extra police brought in in the George Floyd trial. Of course, the jury is going to take that into consideration. They have the extra burden of not only coming to a correct verdict, but also one that won't cause problems in the city after they render it. JMO

 

[Sundog]

The simple act of protesting when the jury can hear, can definitely sway them. These protesters have bull horns, shouting into them, it's gone from peaceful protesting to aggressive. How many times have we seen cities take extra precautions when the verdict is to be announced. Stores had windows boarded, extra police brought in in the George Floyd trial. Of course, the jury is going to take that into consideration. They have the extra burden of not only coming to a correct verdict, but also one that won't cause problems in the city after they render it. JMO

Well said.

 

[Snoopster]

He's pretty much saying what many in the public have already stated, so not sure why it is "shocking." He knows that Neely should have been getting mental health care, and not threatening violence on subway cars. He is saying that NYC failed Neely, and that Daniel Penny stepped up to protect himself and other passengers when the city failed to do so. Sounds about right to me.

But that's not what the trial is about. It isn't about whether DP stepped in. It is about whether or not he went too far. And the Mayor, a supposed voice for everyone in the city, should not speak about what outcome he wants when he hasn't been sitting in the courtroom, listening to the evidence. I find it highly inappropriate. He should let the court decide on the justice.

Now, if the mayor had said something along the lines of 'I believe the city has failed Neely, and its unfortunate that passengers felt threatened...we have to do better in terms of mental health services and safety support for citizens'. But he should NOT be opining on a trial before it is complete. He'll just get people riled up. He should stand by court proceedings.

 

[Jade]

Well this makes no sense to me.

The right of public access is for everyone, but those that are inside are required to abide by the rules. They would never be allowed inside to shout those things during the court proceedings. Why are they allowed to stand outside where it can be heard and yell those things? That has nothing to do with public access. Is he suggesting the state has the right to have people outside yelling these things in support of their case?

[…]

Defense lawyer Thomas Kenniff said in court Wednesday that at one point during the trial, a protester followed Penny to a waiting car and banged on the doors. The same man hurled slurs at Penny when he arrived Wednesday, the attorney said.

Saying that the man had sometimes been in the courtroom audience, Kenniff asked Judge Maxwell Wiley to bar him.

Wiley — who said he'd seen the car incident from his office window — declined, noting the public's right to access court proceedings. He said court officers had occasionally “limited people's access” because of their conduct, which he didn't detail, but only because it happened inside the courtroom.

[…]

https://www.usnews.com/news/best-st...ey-videos-in-nyc-subway-chokehold-death-trial

all imo

 

[Ontario Mom]

[…]

Defense lawyer Thomas Kenniff said in court Wednesday that at one point during the trial, a protester followed Penny to a waiting car and banged on the doors. The same man hurled slurs at Penny when he arrived Wednesday, the attorney said.

Saying that the man had sometimes been in the courtroom audience, Kenniff asked Judge Maxwell Wiley to bar him.

Wiley — who said he'd seen the car incident from his office window — declined, noting the public's right to access court proceedings. He said court officers had occasionally “limited people's access” because of their conduct, which he didn't detail, but only because it happened inside the courtroom.

[…]

https://www.usnews.com/news/best-st...ey-videos-in-nyc-subway-chokehold-death-trial

all imo

This is absolutely inexcusable. Regardless of which side this sickening conduct is coming from, the person engaging in it, ought NOT to be present in the courtroom.

jmo

 

[shotgun09]

This is absolutely inexcusable. Regardless of which side this sickening conduct is coming from, the person engaging in it, ought NOT to be present in the courtroom.

jmo

Is this a good reason for a mistrial?

 

[Ontario Mom]

Is this a good reason for a mistrial?

I honestly couldn't say. Maybe @PrairieWind would have a better answer?

 

[GRT]

Yelling threats and obscenities, within earshot of the jurors should not be allowed. It's designed to intimidate the jurors. Why aren't they arrested for jury tampering?

 

[Ontario Mom]

Yelling threats and obscenities, within earshot of the jurors should not be allowed. It's designed to intimidate the jurors. Why aren't they arrested for jury tampering?

Because this case is not about justice in the first place? I mean, that's one option.

jmo

 

[Inthedetails]

The simple act of protesting when the jury can hear, can definitely sway them. These protesters have bull horns, shouting into them, it's gone from peaceful protesting to aggressive. How many times have we seen cities take extra precautions when the verdict is to be announced. Stores had windows boarded, extra police brought in in the George Floyd trial. Of course, the jury is going to take that into consideration. They have the extra burden of not only coming to a correct verdict, but also one that won't cause problems in the city after they render it. JMO

This city has been through a lot and we get through it. I trust the jury focuses on their own duty, which is to deliberate the case based on the evidence and the law. It's not their responsibility to do crowd control, and they know that.

My opinion.

 

[shotgun09]

From ICP just now:

Update of 3:11 pm - First the ADAs, then Penny and his lawyer, have come into the courtroom. Drum roll...

Come to order!Judge Maxwell Wiley, takes the bench.
Judge: Everyone has seen the note?
Both sides say yes.

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