Daniel Penny’s lawyers move for mistrial again in Jordan Neely death

Marine veteran Daniel Penny returned to court in New York City on Monday for his manslaughter trial, where his defense team once again entered a motion for a mistrial. This motion came after the prosecution’s star witness, Dr. Cynthia Harris from the Office of the City Medical Examiner, mentioned the word “homicide” during her testimony.

During the trial, Dr. Harris discussed the cause and manner of death of Jordan Neely, stating that “Dr. Graham reviews all homicide reports.” Although Judge Maxwell Wiley ordered that comment to be stricken from the record, other testimony leading up to it was allowed to remain part of the case.

Penny, who is accused of Neely’s death, is facing charges of manslaughter and criminally negligent homicide. Neely had reportedly entered a subway car, made erratic death threats, and was subdued by Penny after a struggle ensued.

Earlier this month, Penny’s defense team had previously requested a mistrial, claiming that prosecutors were unfairly portraying Neely’s death as a racial issue, despite Penny not being accused of a hate crime. The defense argued that Penny was not receiving a fair trial and objected to certain witness testimonies.

Before the jury entered the courtroom on Monday, discussions were held regarding entering additional evidence, including a police report that described Neely as a screaming man. There was some confusion related to Dr. Harris’ testimony, as she stated that Neely had drugs in his system similar to cocaine and died of asphyxiation, not cardiac arrest.

Dr. Harris, who returned to the stand for the third day of testimony, emphasized that Neely had a pulse when Penny released him and detailed the injuries found on Neely’s body. She clarified that there was no damage to his bones and attributed his death to asphyxiation, as well as organ damage from his sickle cell trait.

Testimony from Dr. Harris followed Marine martial arts instructor Joseph Caballer’s explanation of chokeholds, stating that the maneuver is meant to control a threat until they become unconscious. The trial is expected to conclude before Thanksgiving, with Penny facing up to 15 years in prison if convicted of manslaughter.

As the trial continues, the defense team will likely call their own witnesses to present their case. The outcome of the trial remains uncertain, as both sides present their arguments and evidence before the court.