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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, “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

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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.

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.

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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.

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

‘Every Child Walking by Stared at My New Purple Hair’

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‘Every Child Walking by Stared at My New Purple Hair’

Dear Diary:

It was April Fools’ Day, and the weather kept changing from sunny to drizzle, as if the gusty wind was moving the sun back and forth behind a cloud.

I put my jacket on and off as I walked along Prospect Park. The trees were still bare, but spring was slowly awakening with yellow forsythias, and every child walking by stared at my new purple hair, hungry for color.

A guy in the bike lane yelled, “Hey!”

I turned to him.

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“Sorry,” he said, pointing to someone else. “I’m talking to this guy.”

“But you actually look familiar,” I said.

“So do you,” he said, laughing.

I entered the park to hear pop music near the band shell. Two people with a portable speaker were dancing.

I wanted to join the party, but I realized that I hear the music, so I’m in the party. I danced along from a distance.

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From high above, hundreds of blackbirds swooped down like falling peppercorn into the black-and-white woods ahead. As I got closer, I saw specks of tiny green buds emerging on each tree limb.

I left the park, passing three people who had converged because their dogs could not contain their joy. The people laughed like old friends, but within seconds they had walked off separate ways.

As I passed Seeley Street, I overheard a friend through the open window, cheering on a drum student.

I laughed. I should be getting home before the possible rain, I thought, but today, everywhere was home.

— Mare Berger

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Dear Diary:

It was around 1960, and my mother, my sister and I were in the bargain basement at the S. Klein department store on Union Square.

My sister, 13, was trying on winter coats in the aisle between the bins and discussing two final options with my mother when a woman riding the escalator up to the ground floor weighed in.

“Take the red!” she called out.

We took the red. I miss S. Klein’s.

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— David Hammond


Dear Diary:

I woke up to my alarm at 2:45 on a Saturday morning, then maneuvered trains and city blocks through darkness to an unremarkable warehouse in Brooklyn.

Inside was a cathedral of music. Hips gyrated, and arms exalted rhythm. Fog embraced kissers, dancers, exhilaration, prayer, meditation, community.

I found my intention and connected with my spirit and the energy of bodies around me, alone and together, holding friends as family and strangers as friends.

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I departed at 8:45 a.m. to a cold, golden morning, feeling lighter, freer, learned and loved.

A shopkeeper opening up for the day called out from behind me, his question nearly drowned out by the morning traffic.

“Hey, what’s happening over there?” he asked.

“Just a little dance party,” I replied. “Nothing crazy.”

— Carlie Cattelona

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Dear Diary:

I ride my bicycle 99 percent of the time. It’s just me and the city. I move fast enough to keep things interesting, but slowly enough to catch the weather changing or feel the mood of the people on the sidewalks.

Every so often, I have to take the train. On very rare occasions, it’s me, the train and my bike, a combination no one ever seems thrilled to encounter.

Because I know this, I try to shrink myself into an apologetic bicycle origami project once I’m on the train. I fold. I hover. I whisper “sorry” to people who haven’t even seen me yet.

On one such evening, I was trying to avoid anyone’s shins while hauling my bike up a flight of stairs after getting off the train, when I felt someone close behind me.

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Terrified that I’d clipped someone, I whipped around to see a smiling woman who had one hand casually gripping the back of my bike.

“I got you,” she said, like we were old friends moving a couch.

I told her I had it under control.

“Two hands are better than one,” she said. “I got you.”

So we climbed the stairs together: me, my bike and a total stranger, moving in perfect, unspoken coordination. At the top, she let go, nodded and vanished into the crowd.

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— Evan Abel


Dear Diary:

Years ago, our nanny would take our son and daughter to the Central Park Zoo, where they could be set free from their stroller.

It was safe because the children loved the zoo and always stayed in the nanny’s sight and because the zoo’s walls meant there was no way they could leave.

One spring day when I was not working, I decided to accompany them all on a walk through the park, with the kids in their stroller.

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As we passed the zoo, a guard at the entrance beckoned our nanny over and had a deep consultation with her.

She was laughing when she came back.

“He wanted to know who was that strange woman walking with me,” she said.

— Georgia Raysman

Read all recent entries and our submissions guidelines. Reach us via email diary@nytimes.com or follow @NYTMetro on Twitter.

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Illustrations by Agnes Lee

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Boston, MA

Workers at the ICA in Boston opt to unionize – The Boston Globe

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Workers at the ICA in Boston opt to unionize – The Boston Globe


Employees at the Institute of Contemporary Art / Boston are gearing up for contract negotiations with the Seaport museum after quietly opting to unionize last month.

Just over 90 employees, in roles ranging from visitor services to development to curation, are now being represented by the UAW Local 2110, a New York-based union, as they prepare to go to the bargaining table, seeking better pay and other job protections.

The ICA voluntarily recognized the union shortly after the workers went to museum leadership in early April, said Maida Rosenstein, UAW Local 2110’s director of organizing. That meant the employees could sidestep a formal election through the National Labor Relations Board and instead conduct a card-counting process.

“That all happened quite quickly,” said Rosenstein.

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“Our experience with getting voluntary recognition was that the ICA was reasonable about the process,” she added. “So hopefully that will continue through the bargaining process.”

The next step, Rosenstein said, is for the workers to elect a bargaining committee from among their ranks, and then draw up some specific proposals. “We’re hopeful of being able to be negotiating this summer,” she said.

In a statement, the ICA’s director, Nora Burnett Abrams, who stepped into the top job last May, noted that “our exceptional staff are at the heart of what makes the museum so special.”

“We are voluntarily recognizing our employees’ choice to be represented by a union and view the decision to organize as an expression of their deep dedication to the institution,” Burnett Abrams said. “We look forward to working collaboratively and in good faith with Local UAW 2110 toward a collective agreement.”

The ICA is just the latest local institution to see labor action among its workforce. UAW Local 2110 also represents employees at the MFA Boston, who voted to unionize in 2020 and secured compensation increases and other benefit improvements when they ratified their first contract in 2022. Workers at MASS MoCa in North Adams, the Emily Dickinson Museum in Amherst, and the Portland Museum of Art in Maine are also represented by UAW Local 2110.

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Carter Seggev, a 28-year-old events coordinator at the museum, said seeing the MFA go through its own unionization process served as something of a blueprint for the ICA workers.

“It has been a very helpful beginner example, to sort of be like, ‘Oh, yeah, they can do it,’ and especially that scale,” he said.

Rosenstein said a chief concern among workers is improving pay, which is currently “very slightly above minimum wage at the entry level,” she said. Other concerns include protections against layoffs and other “health and safety” provisions, such as adequate rest and seating for visitor-facing employees.

For Seggev, who earns $50,000 a year at the museum, better pay is only one piece of the puzzle. He wants more transparency from museum leadership into policy decisions — and a greater say in the institution’s future.

“I like the ICA a lot. It’s a fun workplace, and I would love to have more of a voice in making sure that everyone is being considered and everyone’s needs are being taken into account,” he said. “For me personally, that’s been the biggest driving force.”

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He added that, since workers went public with their organizing efforts, he’s been happy with leadership’s willingness to talk with workers about their aims. He was also encouraged by the museum’s voluntary recognition of the union.

“I know that is a very rare thing, and so far, the communication has been very positive,” he said. “I think everyone’s sort of looking forward to working together to make the ICA better.”

The ICA, which has been housed in a gleaming glass building perched on the waterfront since 2006, had an operating surplus of about $800,000 in the fiscal year that ended in June 2025, according to its latest publicly released financial statements. That was up more than a quarter-million dollars from the previous year.


Dana Gerber can be reached at dana.gerber@globe.com. Follow her @danagerber6.





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Pittsburg, PA

Panini A. Chowdhury: How much did Pittsburgh buy with its national introduction?

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Panini A. Chowdhury: How much did Pittsburgh buy with its national introduction?






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