In the case of Marine veteran Daniel Penny, who is on trial for a chokehold that resulted in the death of Jordan Neely on a subway car last year, defense attorney Louis Gelormino believes that Penny will likely testify in his own defense soon. Gelormino, who has handled similar cases in New York City, emphasized the importance of the defendant’s testimony, especially in cases where the defendant’s thought process is crucial to justifying the act. He argues that in cases like Penny’s, where an affirmative defense like justification is being raised, it is essential for the defendant to explain their state of mind during the incident.
Penny is facing charges of manslaughter and criminally negligent homicide in the death of Neely, who was a homeless drug abuser with schizophrenia and a criminal history that included assaulting a senior citizen woman. Witnesses reported that Neely barged into a Manhattan subway car and started screaming threats. The prosecution in Penny’s trial is attempting to convince jurors that Penny acted recklessly or negligently, resulting in Neely’s death, while the defense is arguing that his actions were justified and reasonable. Gelormino explained that a justification defense is typically used in cases where the defendant admits to the act but claims it was not a crime because they were justified in their actions.
Several witnesses called by the prosecution have testified that they felt afraid, believed they were in danger, and were concerned for their children during the incident on the subway car. Gelormino noted that when Penny takes the stand, the defense will likely aim to demonstrate that he believed everyone was in danger and that his actions were justified. He cited his experience in defending clients in self-defense cases involving chokeholds, where the individuals were not charged. In Penny’s case, the Manhattan District Attorney’s office brought charges against him 11 days after Neely’s death, despite finding no weapons on Neely during the incident.
Neely, who was described as a former Michael Jackson impersonator, was homeless and known for his chronic drug abuse, severe mental illness, and criminal behavior. Police found no weapons on him after his outburst on the subway car, but he did have a muffin in his pocket. Penny, who faces up to 15 years in prison if convicted of manslaughter, is expected to resume his trial soon, with the defense likely to rest its case before Thanksgiving. The decision of whether Penny will testify in his own defense will have significant implications on the outcome of the trial, as his testimony could be crucial in determining his state of mind and intent during the incident.
