Witnesses in Daniel Penny’s trial shouldn’t call him a ‘good Samaritan,’ prosecutors say

Eyewitnesses should be allowed to characterize his actions, the defense counters.

Prosecutors are asking a Manhattan judge not to let trial witnesses call the former Marine accused of choking a homeless man on the subway a “hero” or “good Samaritan,” according to an email exchange between lawyers this week.

Assistant District Attorney Dafna Yoran raised concerns about how witnesses can refer to Penny after watching an interview Penny’s attorneys conducted on FOX5, in which they praised their client’s actions on the subway. “A witness's characterization of the defendant a hero, for example, is the equivalent of a determination that the was justified,” she wrote.

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