Northeast
Judge denies Marine vet Daniel Penny's motion for mistrial in subway chokehold case despite 'bias' red flag
NEW YORK – Lawyers for Marine veteran Daniel Penny, who is on trial for the death of a man they called an “unhinged nutjob” in court, asked the judge to declare a mistrial Thursday over testimony from a “biased” witness and an apparent anti-White narrative from Manhattan District Attorney Alvin Bragg’s prosecutors.
The defense argued that Penny is not getting a fair trial, and raised a number of objections, saying that the prosecution was trying to paint Penny as a “White vigilante” and improperly allowed witness Johnny Grima, a homeless man with a conviction for bashing someone with a bat, to call the defendant a “murderer” from the witness stand when he has not been accused of murder.
Penny, 26, was an architecture student who was attending a New York City college after proudly serving his country in the Marine Corps, defense attorney Thomas Kenniff said.
Neely, 30, was an “unhinged nutjob” with a documented history of making trouble, he said, including the alleged assault of a 67-year-old woman on another subway car.
DANIEL PENNY TRIAL: SUBWAY MADMAN RAISED FISTS BEFORE MARINE VET’S DEADLY CHOKEHOLD, WITNESS TESTIFIES
Daniel Penny arrives for opening arguments in his trial at Manhattan Supreme Court in New York City on Nov. 1, 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)
That remark prompted observers in the gallery to start to speak up, and court officers told them to “quiet down.”
Judge Maxwell Wiley denied the request but told Kenniff, “I see what you’re getting at.”
Grima, an unemployed 40-year-old from the Bronx who spends time working with the homeless and spent 13 months behind bars, testified that he had poured water on the head of an unconscious Neely when Penny told him to stop.
Then he claimed that Penny was “flinging Neely’s limbs around carelessly” when he repositioned him on the floor after Grima suggested he might choke if left on his back. He did not witness the start of the altercation.
“It’s something like when you have an abuser abusing someone, and they’re not trying to let anyone near the abused,” he claimed.
TEEN WITNESS TO JORDAN NEELY CHOKEHOLD TESTIFIES SHE WAS ‘SCARED’ BY HIS SHOUTING, WANTED TO ‘GET AWAY’
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’s defense team took issue with how objections were handled during Grima’s testimony.
Wiley said he believes that Grima’s “bias” was clear to the jury but that he still had relevant testimony to give.
Prosecutors argue that Penny went too far when he put a belligerent, shouting Neely in a chokehold on a Manhattan subway car after he started screaming death threats. The defense maintains that his actions were justified.
A still image from NYPD bodycam video shows responding officers examining Jordan Neely, who is on the ground after Daniel Penny placed him in a chokehold. Penny is on trial facing charges of manslaughter and criminally negligent homicide. (NYPD)
“He’s not charged with murder, so you just need a reckless or negligent standard here,” said Paul Mauro, a retired NYPD inspector who has been following the case. “To say that he was reckless when [Neely] was screaming, ‘I’m gonna kill somebody’ . . . and he’s still breathing when the cops show up – that’s not reckless. I’m sorry, and that’s not negligent.”
DANIEL PENNY TRIAL: MEET THE JURORS WHO WILL DECIDE MARINE VETERAN’S FATE IN SUBWAY CHOKEHOLD CASE
Protestors hold placards calling for the abolition of the police outside Manhattan Supreme Court Monday, Oct. 21, 2024, in Manhattan, New York. The protestors were there as the trial of Daniel Penny for the choking death of Jordan Neely began. (Barry Williams for Fox News Digital)
Neely was known to police as an emotionally disturbed person and yet remained free to harass the public, he said.
“A clue to this whole thing is the cops let him go, because of the clues at the scene,” Mauro said. “They did not have probable clause.”
Police questioned Penny and let him go. He was indicted days later by Bragg’s office and turned himself in.
This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)
Penny faces up to 19 years in prison if convicted. Friday marks 12 days into an expected six-week trial.
Bragg’s office did not immediately respond to a request for comment.
Read the full article from Here
New York
She’s Riding in Five Boro Bike Tour, and She’s Happy to Wear a Helmet
Good morning. It’s Friday. We’ll meet a first-time rider in the Five Boro Bike Tour who learned the hard way that wearing a helmet matters. And on this, the 95th anniversary of the day the Empire State Building opened, we’ll find out about some of the workers who built it.
As a first-timer in the Five Boro Bike Tour on Sunday, Patricia Hochhauser will wear a helmet. It’s a must for the 32,000 entrants.
But Hochhauser has special reason to. She wasn’t wearing one a couple of years ago, when she tried out a gas-powered scooter. Her husband, Harold Hochhauser, said it had bucked and thrown her off. She sustained a traumatic brain injury.
“I live every day with the consequences of not wearing that helmet,” she said. She was checking out the scooter in a parking lot. “I was so excited about it, thinking I was going to do errands in the neighborhood — put on a backpack and throw my groceries in there,” she said. “I had all these big hopes and dreams.” She said she did not remember anything about the accident “until they were putting staples in my head” — 15 in all, she said.
The accident cost her a job opportunity, she said: She had been scheduled to start training a week later as a bus driver with the Metropolitan Transportation Authority. She had been a school bus driver and was looking forward to getting behind the wheel of one of the 1,300 buses in the M.T.A.’s fleet.
On Sunday she is looking forward to riding over the 2.6-mile-long Verrazzano-Narrows Bridge. The lower level will be closed to cars and trucks to accommodate the cyclists, who will start out at Franklin Street and Church Street in TriBeCa in Manhattan. Some avenues and major highways will also be off limits to cars and trucks at times during the tour. The City Department of Transportation’s traffic advisory is here. And the Five Boro Bike Tour does not permit scooters like the one she was riding when she had the accident. Some e-bikes are allowed. She plans to ride her regular road bike.
‘We are Gen X’
When the accident happened, Hochhauser and her husband were already practiced cyclists and owned helmets. But they never bothered with them, she said.
Why not?
“Because we are Gen X, and I grew up not having to wear a helmet,” she said. “Half the time growing up, I didn’t even have to wear a seatbelt in the car. It wasn’t like, Oh, get in the back seat and buckle up, you know?”
After the accident, she was determined to ride again. Harold Hochhauser said that their first outings were difficult. To help her maintain balance, he put training wheels on her bike — since removed, he said.
Last year they rode in the Tour de Yonkers, picking the 50-mile route, the longest of three that participants could follow. She said there were hills that she could not conquer — she had to get off and walk up.
“I’m doing it all myself this time,” she said. “I am, you know, stronger than I was then.”
Weather
Today will be bright and sunny with a high near 65. Expect increasing clouds and a chance of rain tonight, as temperatures fall near 51.
ALTERNATE-SIDE PARKING
In effect until May 14 (Solemnity of the Ascension).
QUOTE OF THE DAY
“I would probably encourage him to return the Koh-i-Noor diamond.” — Mayor Zohran Mamdani, on what he would have said to King Charles III if they had met privately during the royal visit on Wednesday. The priceless jewel is a symbol of colonial plunder.
The workers who built the Empire State Building
On another May 1 — in 1931, by coincidence also a Friday — the Empire State Building opened, and on that morning, everyone’s perspective changed. People were awed by the view of the building and the view from the building, “a new view” of New York, as The New York Times described it from 85 stories up. The ships in the Hudson River were “little more than rowboats,” the paper reported. Fifth Avenue and Broadway were “slender black ribbons.”
The Times said that 3,400 workers had “coordinated tasks to finish ahead of schedule.” Glenn Kurtz, whose father’s office was in the building, wondered who they were.
“When you look at the standard histories, the answer is always the architects, the owners and the contractors,” Kurtz told me. He wanted to know about the “people who had tools in their hands.”
“I very quickly discovered there was almost no information about them,” he said. There was no list of their names; the men in famous photographs taken by Lewis W. Hine “have invariably been referred to as ‘anonymous workers,’” Kurtz said. He spent a decade doing research for the book “Men at Work: The Empire State Building and the Untold Story of the Craftsmen Who Built It” and put names to some of the faces in Hine’s photos.
He spotted 32 names on a plaque in the lobby — for workers who were given “certificates of superior craftsmanship” — and realized that many were the men in Hine’s photographs.
But the images themselves were why the workers’ identities had been overlooked. “The photographs are iconic, they represent a generalized ideal, and we love generalized ideals,” Kurtz said. To say, ‘Oh, that’s not this magnificent, iconic image of a worker, it’s Victor Gosselin, who lived in Canada and died in a car crash’ — many people would feel it diminishes the image to know who the actual person was.”
Or, as he said a moment later, “the actual lives of these men often undermine the mythology.”
Gosselin was almost certainly a Mohawk from the Kahnawake reservation, whose territory once reached what is now upstate New York. Another, George Adams, was apparently distantly related to the second president of the United States, John Adams. Others were recent immigrants from Ireland and Italy, as well as Eastern Europe and Scandinavia. Some were sons or grandsons of German or Scottish immigrants.
In “Men at Work,” Kurtz described Neil Doherty, an ironworker Hine photographed, as one of the few “allowed to have his own voice” in newspaper articles about the construction of the huge skyscraper.
“It’s just like anything else,” Doherty was quoted as saying in one article. “A person on solid ground never has any fear of falling. That’s just the way you become, up on the girders after a while, and you have to watch yourself taking that attitude. Usually the two days off at the end of the week are enough to take away this carelessness.”
Gosselin was “the single best-known worker on the building” because he was photogenic and charismatic, Kurtz said. “And in every portrayal of him, he epitomizes the cultural ideal that has so powerfully shaped our image of the workmen who built the Empire State.“
“My real question was, What does the building stand for?” Kurtz told me. “One way to think of it is as a central symbol of America in the 20th century. If we imagine it in those terms, do we think of the five rich men who were funding it, or do we think in terms of the 10,000 mostly immigrant men who built it? The story of the five is told over and over again. I thought it would be interesting to tell the other story.”
METROPOLITAN diary
Covered up
Dear Diary:
I was walking down Clinton Street on the Lower East Side when I passed a couple of guys sitting on a bench.
“You look like you’re in a witness protection program,” one said.
“Excuse me?” I asked.
“You look like you’re in a witness protection program, for sure,” he repeated.
Boston, MA
With Jayson Tatum out, Celtics debut brand-new starting lineup in Game 7
With Jayson Tatum unavailable, Celtics head coach Joe Mazzulla threw his starting lineup into a blender for Game 7 against the Philadelphia 76ers.
Boston opened Saturday’s win-or-go-home game at TD Garden with a five-man unit of Derrick White, Ron Harper Jr., Baylor Scheierman, Jaylen Brown and Luka Garza.
White and Brown are longtime starting-lineup staples, and Scheierman, Harper and Garza all started games at different points this season. But this was that quintet’s first time sharing the floor. They’d played zero minutes together during the regular season or postseason.
Harper, Scheierman and Garza were part of Boston’s top-performing lineup in Game 6. Those three, along with Payton Pritchard and Jordan Walsh, staged a late-game rally, cutting a 23-point deficit to 12 before losing steam in the final minutes of Philadelphia’s series-extending 106-93 win.
The trio of new additions also played key roles in one of the Celtics’ most memorable wins of the season: the Game 82 matchup with the Orlando Magic that Boston won despite sitting their top seven rotation players. Harper, Scheierman and Garza combined for 84 points in that win, with Garza hitting the decisive 3-pointer late in the fourth quarter.
Scheierman and Garza have seen sporadic playing time in Boston’s first-round playoff series, but Harper — who only had his two-way contract converted to a standard deal last month — had only played in blowouts before his surprise start on Saturday.
The radical lineup change pushed usual starters Neemias Queta and Sam Hauser to the bench. Queta had started 81 of the 82 games he’d played this season, including each of the first six playoff games, but he’s struggled to stay out of foul trouble against the Sixers. The Celtics were outscored with Hauser on the floor in four of the first six postseason contests.
Mazzulla opted for Garza over veteran center Nikola Vucevic, who has been Queta’s primary backup when healthy.
Tatum was ruled out for Game 7 with left knee tightness.
Pittsburg, PA
Highbrow vs. lowbrow: Pittsburgh Opera fronts fat jokes in season-ending comedy, ‘Falstaff’
-
Virginia5 minutes ago
West Virginia Lottery results: See winning numbers for Powerball, Lotto America on May 2, 2026
-
Wisconsin17 minutes agoKirk Bangstad enters Wisconsin governor’s race, two days after visit from FBI
-
West Virginia22 minutes agoMilitary Retiree Appreciation Day celebrates West Virginia retirees, holds retirement ceremony
-
Wyoming29 minutes agoDon Day’s Wyoming Weather Forecast: Sunday, May 3, 2026
-
Crypto35 minutes agoThe Cryptocurrency News That Matters: CLARITY Act Advances While Pepeto, SOL, and XRP Position for What Comes Next
-
Finance41 minutes agoClose call tipped as Reserve Bank mulls third rate hike
-
Movie Reviews59 minutes agoKevin Connor’s ‘FROM BEYOND THE GRAVE’ (1974) – Movie Review – PopHorror
-
World1 hour agoHow A.I. Is Transforming China’s Entertainment Industry