Footage of Daniel Penny’s statements to NYPD officers will remain as evidence in his upcoming manslaughter and negligent homicide trial.
Amsterdam News has been reporting the news of the day from a Black perspective for 113 years. Donors who choose to give monthly or annually will receive Amsterdam News’ Weekly E-Edition and acclaimed weekday newsletter Editorially Black to their inbox!Daniel Penny, right, charged with manslaughter for placing a man in a deadly chokehold aboard a New York City subway train, departs Manhattan Criminal Court, Thursday, Oct. 3, 2024, in New York.
“Before the prosecution can introduce statements made by the defendant into the trial…the defense has an opportunity to argue that those things should not be admitted into evidence suppressed because they were obtained illegally,” said defensive attorney Ron Kuby.
“Given the nature of the investigation, the fact that police chose to release the defendant that day does not belie the existence of probable cause, but instead appears to have been an understandable step in an investigation into the facts and circumstances of the incident before bringing charges,” wrote Wiley.
While the defense generally wanted to exclude body-worn camera footage obtained by the responding officers, the recordings did capture favorable witness statements on the subway platform. Fellow passengers told police they felt in danger during Neely’s outburst and defended Penny’s actions. His lawyers presented their own compilation video, stitching together those accounts, including from body-worn cameras on officers who did not testify.
To be clear, the prosecution only has to prove Penny’s recklessness, not intent, given the manslaughter charges. Deadly force can only be used in self-defense when responding commensurately to deadly physical force. When police searched Neely for weapons, they found nothing but a muffin.
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