Marine veteran Daniel Penny's manslaughter trial took an unexpected turn as the defense team sought a mistrial following a comment made by the prosecution's witness, Dr. Cynthia Harris, regarding the word 'homicide.' The judge ordered the comment to be stricken but allowed other related testimony to stand.
Penny, 26, is facing charges in the death of 30-year-old Jordan Neely, with prosecutors alleging manslaughter and criminally negligent homicide. The incident occurred when Neely exhibited erratic behavior on a subway car, prompting a confrontation.
Earlier attempts for a mistrial were made by Penny's defense, citing concerns about racial implications and witness testimonies. The defense argued against the portrayal of Penny as a 'White vigilante' and objected to witness statements characterizing Penny as a 'murderer.'
Dr. Harris, the 34th witness in the trial, testified about Neely's cause of death, attributing it to asphyxiation rather than cardiac arrest. She highlighted the presence of synthetic drugs in Neely's system and physical injuries, including scrapes, bruises, and petechiae in his eyes.
Further testimony from a Marine martial arts instructor emphasized the purpose of chokeholds in controlling threats until they are subdued. The trial is expected to conclude before Thanksgiving, with the defense preparing to present its witnesses following Dr. Harris' testimony.
Despite the ongoing legal proceedings, the case continues to raise questions about the circumstances surrounding Neely's death and the events leading up to the altercation between Penny and Neely.
