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Judge denies Marine vet Daniel Penny's motion for mistrial in subway chokehold case despite 'bias' red flag

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Judge denies Marine vet Daniel Penny's motion for mistrial in subway chokehold case despite 'bias' red flag

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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.

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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.”

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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’

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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’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)

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“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.”

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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.

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New York

Video: Racing to the World Cup From New York

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Video: Racing to the World Cup From New York
Bus, train, bike or Uber: Which will get you to MetLife Stadium first? Four New York Times reporters raced from Midtown Manhattan to the first World Cup game there.

By Stefanos Chen, Maria Cramer, Christopher Maag, Wm. Ferguson, Sutton Raphael and Laura Salaberry

June 16, 2026

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Boston, MA

Two Things People Are Getting Wrong About Giannis Antetokounmpo’s Fit In Boston

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Two Things People Are Getting Wrong About Giannis Antetokounmpo’s Fit In Boston


While the veracity of the rumors involving Giannis Antetokounmpo and the Boston Celtics continue to be debated, there are a couple of very important people are missing about all of this should this trade come to pass. 

Boston’s style of play will not change, and simply swapping Jaylen Brown for Antetokounmpo doesn’t change the trajectory of the team so significantly that Brad Stevens’ work will be done. 

For some reason, there is a school of thought that acquiring Antetokounmpo, a noted non-shooter, would materially change Boston’s offensive strategy. It won’t. It doesn’t mean things won’t be a little different, but this notion that Antetokounmpo will force Mazzulla to scrap his approach and try something new is false. 

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The Bucks have routinely been in the top five in three-point attempts beginning in the 2018-19 season, Antetokounmpo’s first MVP run. Beginning in that season, they have ranked second, fourth, eighth, fifth, fourth, fifth, 18th, and 10th. The last two seasons when they dropped out of the top were coached by Doc Rivers. 

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According to PBPStats.com, Antetokounmpo has assisted on more three-pointers than two-pointers in each of the past two seasons, with a low of 209 three created in in the 2023 season, and a high of 290 created the following year. Over his career, he has assisted on 2,325 three-pointers. That’s almost as many as Jaylen Brown and Derrick White have made combined (2,437) over their entire careers. 

It should be no surprise that Antetokounmpo is a three-point generating machine. His drives are massively effective, and they generally require a lot of defensive help. That opens up passing lanes to shooters, which Antetokounmpo finds regularly. 

If anything, we could see Boston’s three-point volume go up. Brown’s closest season generating that kind of three-point volume was this past season when he created 196 over 71 games. By contrast, Antetokounmpo created 135 over 36 games. So anyone pushing for the Antetokounmpo trade thinking it will force Mazzulla’s hand to change strategies is sorely mistaken. “Mazzulla-ball” will probably take off under these circumstances. 

Which brings us to the work Stevens will have to do once they theoretically acquire Antetokounmpo. 

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Giannis flirted with some volume three-point shooting a few years ago, averaging 4.7 attempts in 2020, his second MVP season, and 3.6 in each of the next two, but he’s a career 28.5% shooter from deep who peaked at 34.7% in his rookie season. Mazzulla is willing to go with one non-shooter on the floor, but generally not two. 

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So where does that leave Neemias Queta? 

How would the Celtics build an offense with Queta, a non-shooter, and Antetokounmpo on the floor at the same time? The drives that Antetokounmpo is known for would be clogged with defenders who already know to build a wall to prevent him from getting to the rim. What worked in Milwaukee was playing Brook Lopez at center and having him stretch the floor. Boston doesn’t have that element right now. The closest thing they had to that, Nikola Vucevic, never got his footing in his short stint in Boston and seems to be done here. 

A straight swap of Antetokounmpo and Brown will obviously upgrade a top 15 player to a top five player, but Brown led the NBA in two-point attempts per game last season with 16. At his peak, Antetokounmpo averaged 17 or 18 two-point attempts per game, but Brown’s three-point shooting does add an element of floor spacing that Antetokounmpo doesn’t. A straight swap of those two players creates a bit of a fit issue with the current starting center that would have to be addressed. 

This also doesn’t solve Boston’s need for a third scorer and some punch off the bench. Stevens will still have to use his mid-level exception to find that no matter which of the two stars is in Boston to start the season. 

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We can debate whether Antetokounmpo or Brown make Boston more of a favorite next season, but that debate is leading people down some wrong paths. Giannis isn’t some cure for the three-point-heavy Celtics offense. In fact, it might be more appropriate to call him Gasoline Antetokounmpo for what he might do for the shooting volume. And any notion that everything is fixed with Antetokounmpo in the fold is wrong. Stevens will have to solve some fit issues and still address needs that exist today. 

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Pittsburg, PA

Pittsburgh continues free summer meal program for children under 18

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Pittsburgh continues free summer meal program for children under 18


As schools close for the summer, many children lose access to meals they rely on during the school year. 

However, once again, CitiParks has teamed up with Pittsburgh Public Schools, the Greater Pittsburgh Community Food Bank, Turner’s, Monteverde’s, and the American Dairy Association to continue their free summer meal program. From now until mid-August, any child under the age of 18 can receive free breakfast, lunch and snacks at eight rec centers and more than 40 partner locations across Pittsburgh.

They announced the continuance of the program on Tuesday at the Super Playground in Highland Park, where kids enjoyed face painting, creating their own paintings on canvases, live music and a puppet show, among other activities. CitiParks’ Roving Art Cart hosted the event.

Last year, they provided more than 70,000 breakfast meals, more than 100,000 lunch meals, and more than 20,000 snacks, free of charge.

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“This program reflects what can happen when city government, schools, nonprofits and community organizations work together toward a common goal,” said Eric Sloan, the city’s Director of Parks and Recreation. “Together, we’re helping to ensure that children remain healthy, active and connected throughout the summer.”

“Our work does not end when the school year ends, and while the school year may end in June, the need for reliable access to nutritious food does not,” said Pittsburgh Public Schools Superintendent Dr. Wayne Walters, who encouraged families to both take advantage of this program and spread the word to other families who may need it.

Kelsey Gross, director of child nutrition programs for the Greater Pittsburgh Community Food Bank, said an average of nearly 54,000 children per day in Allegheny County rely on school meals. According to Feeding America’s research, 20,000,000 students nationwide were eligible for free and reduced-price school lunches a year ago. But fewer than 5,000,000 participated in summer meal programs. That’s a gap they hope to reduce.

“Because that’s exactly what this program is about: making sure every child has the resources they need to thrive all summer long,” said Sloan. 

“A healthy meal helps students to focus, to engage and succeed in the classroom, and that understanding guides our work every day,” said Walters. “It is why programs like Summer Meals are so important.”

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