Anti-Trump DA’s Office Caught Hiding Key Evidence

The high-stakes trial of Marine veteran Daniel Penny took a contentious turn as defense attorneys sought to introduce evidence about Jordan Neely’s mental health struggles and drug use. Penny, 26, faces charges of second-degree manslaughter and criminally negligent homicide for the 2023 subway chokehold death of Neely, a 30-year-old homeless man with a history of erratic and threatening behavior.

At the heart of Tuesday’s proceedings was a defense effort to call forensic psychiatrist Dr. Alexander Bardey to the stand. Bardey’s testimony, the defense argued, is crucial to understanding how Neely’s alleged drug use and mental health issues may have influenced his behavior during the fatal encounter.

Prosecution Pushes Back

Manhattan District Attorney Alvin Bragg’s office is fighting to exclude Bardey’s testimony and Neely’s psychiatric records from the trial. Prosecutor Dafna Yoran argued that such evidence serves no purpose other than to tarnish the victim’s reputation.

“The psychiatrist’s testimony and unredacted psychiatric records are inadmissible,” Yoran said in court filings. “This is a transparent attempt by the defense to smear the victim’s character so the jury will devalue his life.”

Yoran emphasized that under New York law, a victim’s prior actions can only be considered if they were known to the defendant at the time of the incident. She maintained that Penny was unaware of Neely’s drug use or mental health history when he restrained him.

Defense Asserts Relevance of Drug Use

Defense attorney Thomas Kenniff countered that Neely’s use of synthetic marijuana, known as K2, directly impacted his behavior during the incident. While toxicology reports did not specify the amount of K2 in Neely’s system, the defense argues that Bardey’s expert testimony could help jurors understand the drug’s effects.

“The defense has the right to elicit information demonstrating the pervasiveness of Mr. Neely’s K2 use and the physiological behaviors he routinely manifested while on K2,” Kenniff wrote in a court filing. “This evidence supports the claim that Mr. Neely was experiencing a K2 high during the incident.”

Deadly Encounter on the Subway

The confrontation unfolded in May 2023 when Neely boarded a crowded Manhattan subway car, shouting and throwing his jacket to the floor. Witnesses testified that Neely made threatening statements, including, “I don’t care if I go to jail for life.”

Penny, who had been studying architecture after serving in the Marine Corps, intervened. He placed Neely in a chokehold with the help of another passenger. Witnesses called 911 as the pair restrained Neely until police arrived.

Neely was found unresponsive but with a pulse. He later died, and the medical examiner ruled his death a homicide caused by asphyxiation.

Divisive Case of Defense vs. Negligence

The case has drawn national attention, with critics on both sides debating the line between self-defense and criminal recklessness. Prosecutors argue that Penny’s actions were negligent, if not reckless, given the use of a potentially lethal chokehold. The defense insists that Penny acted to protect passengers from Neely’s perceived threats.

Neely’s history includes multiple arrests for violent behavior, including prior incidents on the subway. His family has described him as a troubled man battling severe mental health challenges exacerbated by homelessness and drug abuse.

Penny, facing up to 15 years in prison if convicted, has described the incident as a tragic but necessary act to ensure the safety of others on the train.

Courtroom Drama Continues

The judge has yet to rule on whether Bardey’s testimony and Neely’s records will be admitted. Meanwhile, Penny’s team is also expected to call Marine Corps colleagues as character witnesses.

The trial highlights complex questions about public safety, mental health, and the boundaries of self-defense, ensuring it will remain a focal point of national discourse in the weeks ahead.