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Bragg's office vies to suppress Jordan Neely's drug abuse, psyche records in Marine vet's chokehold trial

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Bragg's office vies to suppress Jordan Neely's drug abuse, psyche records in Marine vet's chokehold trial

NEW YORK CITY – Defense attorneys for Marine veteran Daniel Penny, who is on trial in New York City for the subway chokehold death of Jordan Neely, want to call a forensic psychiatrist to the witness stand to explain how the effects of the latter’s drug abuse and mental health issues may have impacted “the degree of hostility that Mr. Neely exhibited.”

Manhattan District Attorney Alvin Bragg’s Office does not want the jury seeing that evidence or hearing expert testimony from Dr. Alexander Bardey.

Tuesday’s court session began with lawyers for both sides conferencing with the judge. 

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

DANIEL PENNY TRIAL RESUMES WITH THIRD DAY OF TESTIMONY FROM MEDICAL EXAMINER, QUESTIONS OVER CAUSE OF DEATH

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Daniel Penny arrives at Manhattan Supreme Court in New York City on Monday, Nov. 18, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

She did not want jurors to hear about Neely’s past, claiming the information is “impermissible.” 

“It is black letter law in New York that a deceased victim’s prior bad acts are only admissible at trial if they were known to the defendant at the time of the crime,” she wrote.

The defense countered that drug use is exempt from this rule because even if someone does not know about it in advance, the effects are clear.

However, the defense counters that due to the lack of specifics about the dose of synthetic marijuana found in Neely’s system in his toxicology report, Dr. Bardey’s testimony is a necessity.

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MEDICAL EXAMINER SAYS SUBWAY MADMAN HAD DRUGS IN SYSTEM IN MARINE VET’S CHOKEHOLD TRIAL

Jordan Neely is pictured before going to see the Michael Jackson movie

Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square in New York City in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

“The limited toxicology, and the varying accounts of eyewitnesses, form only a partial narrative,” Penny attorney Thomas Kenniff wrote in a court filing. “The defense has the right to elicit information contained in Mr. Neely’s psychiatric records that demonstrate the pervasiveness of his K2 use, along with physiological behaviors he routinely manifested while on K2.

“Expert testimony in this regard tends to support two relevant facts: Mr. Neely was using K2 at the time of this incident, not merely in the days or weeks before, and was evincing the behaviors of someone experiencing a K2 high.”

DANIEL PENNY THOUGHT HE WAS PROTECTING A DIVERSE SUBWAY CAR, BUT PROSECUTORS HIGHLIGHT RACIAL UNDERTONES

Daniel Penny shown holding Jordan Neely in a chokehold.

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

Penny, 26, faces up to 15 years in prison if convicted on the top charge of manslaughter. He also faces a lesser charge of criminally negligent homicide for the death of Neely, a 30-year-old homeless man with a history of mental health outbursts, drug abuse and criminal behavior, some of which took place on the subway.

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The defense was expected to call Dr. Bardey to the stand Tuesday, as well as character witnesses who served in the Marine Corps alongside Penny, who enlisted after high school and was studying architecture at the time of his deadly encounter with Neely last May.

Neely barged onto the train, threw his jacket on the ground and started shouting death threats, telling straphangers he did not care if he went to prison for life.

During the outburst, Penny placed him in a chokehold and wrestled him to the ground as witnesses called 911. Another rider helped Penny restrain him until the police arrived.

When they let go, Neely still had a pulse, but the forensic pathologist who conducted his autopsy, Dr. Cynthia Harris, testified that it is normal for someone’s heart to keep beating for some time even if they have been choked to death.

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In her autopsy, she ruled that Neely’s death was caused by asphyxiation from the chokehold.

Penny’s team has maintained that Neely’s death was justified defense. Prosecutors say it was unintentional but criminally reckless or negligent.

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New York

Two Affordable Housing Buildings Were Planned. Only One Went Up. What Happened?

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Two Affordable Housing Buildings Were Planned. Only One Went Up. What Happened?

It is an idea that many point to as a solution for New York City’s worst housing shortage in over 50 years: Build more homes.

More people keep deciding they want to live in the city — and the number of new homes hasn’t kept pace. Residents compete over the limited number of apartments, which pushes rents up to stratospheric levels. Many people then choose to leave instead of pay those prices.

So why is it so hard to build more housing?

The answer involves a tangled set of financial challenges and bitter political fights.

We looked at two developments that provided a unique window into the crisis across the city, and the United States, where there aren’t enough homes people can actually afford.

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Both developments — 962 Pacific Street in Crown Heights in Brooklyn, and 145 West 108th Street on the Upper West Side in Manhattan — might have appeared similar. Both were more than eight stories, with plans for dozens of units of affordable housing. And each had a viable chance of being built.

But only one was.

Here’s how their fates diverged, from the zoning to the money and the politics.

The Neighborhood

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The lack of housing options across the region makes high-demand areas particularly expensive.

Homes are built in Westchester County and the Long Island suburbs, for example, at some of the slowest rates in the country. In New York City, only 1.4 percent of apartments were available to rent in 2023, according to a key city survey.

And median rent in the city has risen significantly over the past few decades.

Source: U.S. Census Bureau

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That leaves neighborhoods like the Upper West Side and Crown Heights sought after by people of all income levels. Both neighborhoods have good access to parks, subways and job centers in Brooklyn and Manhattan.

The pressures are immense, even as each neighborhood has added some new housing to try to match the demand, though at different rates.

Crown Heights has become one of the most striking emblems of gentrification in the city, with new residents, who tend to be white and wealthy, pushing out people who can no longer afford to live there. Low-rise rowhouses line many streets, just blocks from Prospect Park. But there are also shiny new high-rises.

There were more than 50,000 housing units in the Crown Heights area, according to a 2022 U.S. Census Bureau estimate, a roughly 13 percent jump over the past decade.

The Upper West Side has long been one of the city’s more exclusive enclaves with many brownstone homes. Next to Central Park and Riverside Park, with easy access to downtown, the neighborhood is home to many of the city’s affluent residents.

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There were 129,000 housing units on the Upper West Side according to the 2022 Census Bureau data, an increase of roughly 5 percent over the same time period.

The Lot

There isn’t as much empty land left in New York City compared with places like Phoenix or Atlanta, which can expand outward. City developers have to look hard to find properties with potential, and then they have to acquire the money to buy them.

The empty lot in May 2021.

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Google Street View

Between the two proposals, the Crown Heights site seemed to be more promising at first glance. Until 2018, it was just vacant land that local businesses sometimes used as a parking lot. The developer, Nadine Oelsner, already owned it, removing a potential roadblock that can often tie up projects or make them financially unworkable.

One of three aging parking garages in September 2015.

Google Street View

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On the Upper West Side, though, the site was already occupied by three aging parking garages with a shelter and a playground in between. The garages would need to be demolished if the developer, a nonprofit known as the West Side Federation for Senior and Supportive Housing that operated the shelter, succeeded in its plan to build apartments on either side of the playground.

The new development, which was floated to the community in 2015, would also include a renovated and expanded shelter. And the nonprofit did not own the garages or the land — the city did.

One thing working in the group’s favor, though, was that the city had wanted to build housing on the site since at least the mid-2000s, according to planning documents.

Source: West Side Federation for Senior and Supportive Housing

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The Zoning

But something invisible can matter more than a plot’s physical characteristics: zoning.

That governs how every piece of land in New York City can be used. Zoning determines, for example, whether homes or warehouses are allowed in a particular area, how much parking is needed and how tall a building can be.

It also aims to prevent growth in haphazard ways, with schools next to factories next to office buildings.

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The city’s modern zoning code does not leave much room for growth, which means that a bigger building often requires a zoning change. One 2020 study by the nonprofit Citizens Budget Commission found that only about one residentially zoned plot in five would allow for that kind of additional housing. A zoning change triggers a lengthy, unpredictable bureaucratic process.

The site Ms. Oelsner owned was zoned for industrial, not residential use, a throwback to a time when that part of Brooklyn was dominated by businesses supported by the nearby railroad line.

Community leaders were frustrated by one-off changes to individual lots — there had been at least five zoning changes within a two-block radius of Ms. Oelsner’s site in recent years. To counter the trend, the community decided to come up with a bigger rezoning plan for the area. Ms. Oelsner saw an opportunity for her lot in that idea.

But she would need a zoning change, too.

Sources: OpenStreetMap, New York City Department of City Planning

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The site on the Upper West Side had a slight edge: It was zoned for residential use.

As the project began to move forward, the city also sought a slight zoning change to allow for a bigger structure with more homes.

Sources: OpenStreetMap, New York City Department of City Planning

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The Proposal

U.S. housing is mostly built and run by the private sector. If developers and owners can’t cover their costs with income from rents and sales — and make a profit — they most likely won’t build.

This can make it hard to keep rents affordable to potential tenants without big subsidies from the government, such as money a developer receives directly or tax breaks in exchange for making some units affordable for people at specified income levels.

Here are more details of what the two developers planned.

The proposal for the Crown Heights lot was by Ms. Oelsner and her company, HSN Realty, who were private developers working without city support.

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Ms. Oelsner also made the case that her family had been part of the community for years, operating a Pontiac dealership.

Most of the apartments she proposed would rent at market rates, meaning the rents could be set as high as the landlord thought tenants could pay. This was similar to other new buildings in the area.

In Ms. Oelsner’s case, a government subsidy would likely come in the form of a decades-long property tax exemption.

In exchange, several apartments would be made “affordable” — in this case, rents would be capped at a certain percentage of gross household income for particular groups.

Under one plan, for example, 38 units would be restricted in this way. Of those, 15 might rent for around $1,165 for a one-bedroom apartment, or $1,398 for a two-bedroom.

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Source: West Side Federation for Senior and Supportive Housing

The proposal from the West Side Federation had a much stronger case because of the city’s support. The group wanted to construct a building where all the apartments would rent below market rates and be targeted to some of the city’s poorest residents.

Most units would rent to people who were formerly homeless, often referred from shelters and typically relying on government-funded voucher programs to pay almost all of their rent. The remaining apartments would rent for between $865 and $1,321.

The West Side Federation said it had slowly built trust in the community over decades, in part because of the shelter it already operated on the street and was now expanding, as well as two dozen other area buildings it ran.

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Because of that track record, and the need for affordable housing, the city decided to do several things. It essentially gave the developer the land — appraised at about $55 million — for free, a typical government practice in such a scenario.

It also chipped in $9 million to help pay for construction and another $33 million through a federal tax credit program. The West Side Federation would not have to pay property taxes on the development.

The Politics

Both projects met immediate opposition as they began to wade through a bureaucratic city process in which housing proposals often run into challenges from community members and politicians. It’s not unusual for this process to be costly and time-consuming, often taking more than two years.

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In fact, this is where Ms. Oelsner’s project in Crown Heights met its end.



Informal project discussions

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These discussions between the developer, the community and the government about the project can determine its fate early. They helped shape both the Crown Heights and the Upper West Side proposals.

Application filed with the city

An application is filed with the City Planning Department and is considered certified if it properly describes the proposal and any zoning change.

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Over 60 days, the community board holds a public hearing. The Upper West Side project was recommended for approval while the Crown Heights project wasn’t. This isn’t binding so the Crown Heights proposal still moved ahead.

Over 30 days, the borough president’s office might hold another public hearing and issue its own recommendation. Both projects were recommended for approval.

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City Planning Commission review

Over 60 days, the commission may hold another public hearing and vote on whether to allow the project to move forward. Both projects were approved.

Here’s where things ended for the Crown Heights project, which was rejected by the council member from the area. The Upper West Side project was approved.

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The mayor has the option to veto a project, and the City Council can override that veto. In this case, the Upper West Side project was not vetoed.

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Informal project discussions

These discussions between the developer, the community and the government about the project can determine its fate early. They helped shape both the Crown Heights and the Upper West Side proposals.

Application filed with the city

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An application is filed with the City Planning Department and is considered certified if it properly describes the proposal and any zoning change.

Over 60 days, the community board holds a public hearing. The Upper West Side project was recommended for approval while the Crown Heights project wasn’t. This isn’t binding so the Crown Heights proposal still moved ahead.

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Over 30 days, the borough president’s office might hold another public hearing and issue its own recommendation. Both projects were recommended for approval.

City Planning Commission review

Over 60 days, the commission may hold another public hearing and vote on whether to allow the project to move forward. Both projects were approved.

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Here’s where things ended for the Crown Heights project, which was rejected by the council member from the area. The Upper West Side project was approved.

The mayor has the option to veto a project, and the City Council can override that veto. In this case, the Upper West Side project was not vetoed.

Advertisement

Informal project discussions

These discussions between the developer, the community and the government about the project can determine its fate early. They helped shape both the Crown Heights and the Upper West Side proposals.

Advertisement

Application filed with the city

An application is filed with the City Planning Department and is considered certified if it properly describes the proposal and any zoning change.

Advertisement

Over 60 days, the community board holds a public hearing. The Upper West Side project was recommended for approval while the Crown Heights project wasn’t. This isn’t binding so the Crown Heights proposal still moved ahead.

Over 30 days, the borough president’s office might hold another public hearing and issue its own recommendation. Both projects were recommended for approval.

City Planning Commission review

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Over 60 days, the commission may hold another public hearing and

vote on whether to allow the project to move forward. Both projects

were approved.

Advertisement

Here’s where things ended for the Crown Heights project, which was rejected by the council member from the area. The Upper West Side project was approved.

The mayor has the option to veto a project, and the City Council can override that veto. In this case, the Upper West Side project was not vetoed.

Advertisement


In Crown Heights, neighbors wanted more apartments to be available at lower rents and were concerned about parking. Ms. Oelsner worried the bigger rezoning plan of the area would take too long and, if she waited, would run up the costs of her project, which she said she had designed to be consistent with the broader efforts.

In the end, Crystal Hudson, who held the power to approve or reject the development as the local council member, voted against Ms. Oelsner’s proposal last year, effectively killing the project. Ms. Hudson said she would not back individual developments until the bigger neighborhood rezoning was finished.

On the Upper West Side, a vocal resident group had several complaints: that the loss of the parking garages could lead to an uptick in traffic, greenhouse gas emissions and accidents; that the development could disturb students at a nearby middle school; and that it could reduce the amount of sunlight in nearby parks.

The councilman who represented the neighborhood at the time, Mark Levine, initially said he would hold off on supporting the plan until he better understood the effects of more cars on the street.

Eventually, though, the project gave the community enough of what it wanted, the group behind the project said, and government officials came around. The project was split into two phases, keeping one garage running for a few years after the first two were demolished.

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The Results

One key to successful development is buy-in from the government and local politicians. The Upper West Side plan had that, despite the opposition it faced, while the Crown Heights project did not.

That’s in part because the Upper West Side lots were owned by the city, which was ready and willing to chip in lots of money to create a deeply needed housing project in the area that would most likely not have been built otherwise. The Crown Heights lot, on the other hand, is privately owned and mostly out of the city’s control — which made the project potentially very lucrative for the owners, even if it added some benefit to the community.

Hiroko Masuike/The New York Times

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The dirt lot in Crown Heights remains a dirt lot. The broader plan Ms. Hudson pushed is underway, set to be completed next year.

Ms. Oelsner, however, has said that she’s not sure whether it still makes financial sense to build her project, so its fate remains uncertain.

Hiroko Masuike/The New York Times

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The Upper West Side building has been open for about two years. It is full and has a long waiting list.

And the amount tenants pay in rent remains low. That’s because the government sends the West Side Federation about $1 million annually to help cover the rent.

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Boston, MA

Celtics notebook: Kristaps Porzingis ‘better every day’ as rehab ramps up

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Celtics notebook: Kristaps Porzingis ‘better every day’ as rehab ramps up


Kristaps Porzingis began what the Celtics called the “next phase of his recovery” on Monday, joining Boston’s G League affiliate for a practice at the Auerbach Center.

Head coach Joe Mazzulla said the rehabbing big man suffered no setbacks during that session.

“I only watched a little of it, but he came out of it OK,” Mazzulla said before Tuesday’s NBA Cup matchup with the Cleveland Cavaliers at TD Garden. “So he’ll just continue to ramp it up and get better and better.”

Porzingis underwent offseason surgery to repair the rare leg injury he suffered during the NBA Finals. He has not played since, but he has been around the team and, by all accounts, is making steady progress.

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Mazzulla didn’t explain exactly what this “next phase” for Porzingis entails (“I have no idea. It’s a medical phase”) but said he’s been pleased with the work the 7-foot-2 center is putting in.

“All I know is he’s getting better every day, and he’s working really hard at coming back as fast as he can,” Mazzulla said. “And he’s in the next phase of the ramp-up.”

Porzingis was the only Celtics player unavailable for Tuesday’s game. Sixth man Payton Pritchard was listed as questionable Monday with a sprained left thumb but was upgraded to available before the game.

Tillman Maine man

Joining Porzingis for his brief G League rehab assignment was forward Xavier Tillman. Some players might balk at a request to practice with the farm club, but Mazzulla said Tillman, who has fallen out of Boston’s rotation of late, embraced the opportunity.

“He just wanted to play,” Mazzulla said. “It was an opportunity to play, and he’s obviously done a great job of just doing what we’ve asked him to do. So it’s a credit to him. We’ve got a lot of respect for him for making that decision. He’s got to keep getting better and better. He’s brought great character, a great work ethic to it.”

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Acquired from Memphis ahead of last season’s trade deadline, Tillman logged substantial minutes over Boston’s first four games but has hardly seen the floor over the past three weeks. Entering Tuesday, the 25-year-old had played just 19 total minutes over the last nine games – despite starting one of those – with four healthy DNPs during that span.

The bulk of Tillman’s minutes have gone to center Neemias Queta, who’s emerged as a steady frontcourt presence for Boston after splitting last season between the NBA and G League.

Queta hasn’t replicated Porzingis’ rim protection and isn’t a perimeter shooting threat, but he entered Tuesday ranked third among Celtics players in rebounds per game behind Jayson Tatum and Jaylen Brown and first in rebounds and blocks per 36 minutes.

Cavs hurting

Mazzulla said the biggest difference between the current Cavaliers, who carried a perfect 15-0 record into Tuesday’s clash, and the Cleveland squad Boston dispatched in the Eastern Conference semifinals was that this one is “healthier.”

At the top of their roster, that’s certainly true. The Cavs were without Donovan Mitchell for two games of the teams’ playoff series and down Jarrett Allen for all five; both have been available and highly impactful this season.

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But Cleveland was missing several important role players in this rematch, with Isaac Okoro, Dean Wade and Caris LeVert all sitting out due to injury. Okoro and Wade have made 15 combined starts this season, and LeVert is the top bench option for head coach Kenny Atkinson.

Atkinson, who didn’t shy away from the hype surrounding this matchup, said playing against the defending champion Celtics would give the Cavs valuable “feedback” about their own championship bona fides.

“Hopefully, we’ll see this team down the road,” he said. “(This is) an important game. On the other hand, I don’t want to blow this game out of proportion. It’s that balance, but it’s more anxious to see where we are. And we all know our schedule has not been the hardest. So we’re playing an elite team, the top team in the league. So I just can’t wait to get some feedback from the game.”

Mazzulla on Montgomery

The Celtics’ fellow TD Garden tenant underwent a coaching change Tuesday, with the reeling Bruins firing Jim Montgomery 20 games into his third season with the club.

Mazzulla, who’s spoken previously about how Boston’s head coaches support each other, called Montgomery’s dismissal an unfortunate reality of their business.

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“I talked to him a couple times,” Mazzulla said. “It’s tough. I talked to him a few times, and then watching the games. I didn’t really dive deep into his coaching philosophy or stuff like that. You hate to see a coach have to go through that, but we all get hired to get fired.”

Montgomery and Mazzulla found similar regular-season success in Boston, but each of the former’s first two seasons ended in an early playoff exit. The Bruins then nosedived this season, prompting management to cut bait after an 8-9-3 start.

Joe Sacco will replace Montgomery on an interim basis.

Off the rim

Big Boston sports week for Chris Sale. After attending Patriots-Rams at Gillette Stadium on Sunday, the former Red Sox ace was among the notable attendees at Celtics-Cavs. … Boston’s remaining schedule for NBA Cup group play: at Washington this Friday and at Chicago next Friday. Unless the Celtics make the knockout rounds and earn a home game in the quarterfinals, Tuesday was their final time playing on the bright-green TD Garden court.

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Pittsburg, PA

Ciara chills in furry coat for cozy Russell Wilson Pittsburgh Steelers winters

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Ciara chills in furry coat for cozy Russell Wilson Pittsburgh Steelers winters


Ciara keeps it sizzling during any season.

The singer and wife of Pittsburgh Steelers quarterback Russell Wilson continues her fit hot streak coming off the team’s biggest win of the season Sunday over the Baltimore Ravens. Ciara’s head-to-toe Steelers look was an epic game day fit, while her blacked-out top while posing with GloRilla after the game was another winner.

She’s also been on Wilson’s mind with her looks off the field all season like with her curvy black dress, and her “lioness” fit that had the QB1 joking about having baby No. 5.

Ciara’s $2M ice ring from Russell Wilson shines in all-white fit with insane boots

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The 39-year-old’s latest post definitely will turn up the heat for those Pittsburgh winter nights that are coming with her furry coat bad mama look.

Ciara

Ciara/Instagram
Ciara

Ciara/Instagram
Ciara

Ciara/Instagram

Ciara captures Russell Wilson’s special Steelers postgame moment

Ciara and Wilson have been embraced in Pittsburgh, and why not with all the buzz they bring. Wilson is also 4-0 since taking over the starting role and has thrown for 942 yards with 6 touchdowns and just two interceptions.

Wilson and Ciara, 39, have been married since 2016 and have daughter Sienna Princess, 7, son Win Harrison, 4, and recently they had their third child, daughter Amora Princess in December 2023. Ciara shares son Future Zahir, 10, with her ex-fiancé, rapper Future, and Wilson has helped raise Future as his own.

While dad is undefeated on the field this season, mom continues her winning ways off it with her latest look.

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Enjoy free dish of rich and fabulous players with The Athlete Lifestyle on SI

Super fans: Russell Wilson’s wife Ciara stuns with GloRilla after Steelers win

Terrible… not: Livvy Dunne’s perfect Steelers fit outshines bf Paul Skenes at game

Oopsie: Britney Mahomes’ penalty-worthy playground fail with her kids

Hook ‘em: Loreal Sarkisian rocks leather and lace ‘game plan’ fit for Longhorns

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Disappearing act: ESPN’s Molly Qerim’s fit goes missing in UFC 309 busy backdrop



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