Daniel Penny has chosen not to testify at his trial in the death of an agitated man he choked on a subway train. Defense lawyers rested their case Friday in the closely watched manslaughter case concerning the death of Jordan Neely. Closing arguments are expected after Thanksgiving. Penny has pleaded not guilty.
The encounter between Penny, a white Marine veteran, and Neely, a homeless Black man with mental health and drug problems, has beenPenny, 26, has pleaded not guilty. Many criminal defendants don’t take the stand, and juries are routinely instructed that they cannot hold defendants’ silence — a constitutional right — against them.
“Virtually everything he said then is consistent with credible testimony of his fellow passengers,” Kenniff said.
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