The former Marine is charged with manslaughter and goes on trial Oct. 21.
Andrew Savulich/New York Daily News/Tribune News Service via Getty Images, FILE
Prosecutors asked the judge to exclude the testimony of the psychiatrist, Dr. Alexander Bardey, and limit what the defense can show from Neely's psychiatric records. Daniel Penny is escorted in handcuffs by the NYPD after turning himself into the 5th Precinct on May 12, 2023 in New York City.MORE: Daniel Penny pleads not guilty in subway chokehold death of Jordan Neely; bail set at $100K
The defense has said Neely's psychiatric history includes non-compliance with medication and chronic K2 abuse and argued that is relevant for the jury to hear.
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