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Key witnesses in Daniel Penny, Jordan Neely case refuse to cooperate with DA Bragg's office: report

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Key witnesses in Daniel Penny, Jordan Neely case refuse to cooperate with DA Bragg's office: report

Two European eyewitnesses to the altercation that left Jordan Neely dead and New York City Marine infantry veteran Daniel Penny facing manslaughter charges have gone home and refused to cooperate with prosecutors from Manhattan District Attorney Alvin Bragg’s office, according to a local report.

Penny, 25, is scheduled to go to trial next month after he appeared on cellphone video placing Neely, 30, in a chokehold as other passengers helped restrain him in May 2023. 

The homeless Neely was threatening subway riders and behaving erratically and had a history of mental illness and violence, including the 2021 assault of a 67-year-old woman. He lost consciousness and later died.

The foreign witnesses have spoken with investigators on conference calls but have declined to cooperate or turn over video of the incident, the New York Post reported, citing transcripts from a closed-door meeting with the judge and attorneys for both sides.

US MARINE VET DANIEL PENNY PLEADS NOT GUILTY TO MANSLAUGHTER IN CHOKEHOLD DEATH OF JORDAN NEELY

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Daniel Penny departs Manhattan Criminal Court Jan. 17, 2024. Penny is charged in the New York City subway death of Jordan Neely in 2023. (John M. Mantel for Fox News Digital)

Penny’s lawyers declined to discuss the proceedings Thursday but were quoted in the transcript saying the European couple’s testimony would be “incredibly favorable to the defense.”

Representatives for Bragg’s office did not immediately respond to requests for comment.

“They have so far refused to share the video that they took,” the judge told the lawyers. “They refused to share it with the DA or with anyone else, and they are so far refusing to come back to testify.”

DANIEL PENNY: MARINE VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE STEPPED IN

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

It was unclear Thursday what the European couple’s video might show.

Prosecutors said in June 2023 that they had already obtained five eyewitness videos of the encounter and surveillance video they planned to introduce as evidence.

“Unfortunately for Penny’s defense team, there is little they can do to compel a foreign national to turn over evidence or testify in court,” said Neama Rahmani, a former federal prosecutor based in Los Angeles. “There are international treaties like the Hague Convention that allow for international service, but, practically speaking, no judge can force the European witnesses to comply with an American subpoena.”

Still, he said, self-defense cases are often difficult to prosecute and result in many not guilty verdicts.

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“Penny’s lawyers will have to rely on witnesses who have actually provided evidence to law enforcement and prosecutors and who live in the state and can be compelled to testify by the judge even if they don’t want to,” he added.

WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’

This undated photo, provided by Mills and Edwards, LLP, in New York, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. (Courtesy Mills & Edwards, LLP via AP)

Critics of Bragg’s decision to prosecute Penny have called the move political and believe that the veteran acted in self-defense and to protect other passengers.

“If [Neely] had carried out his threats, he would have killed somebody,” Penny told Fox News Digital in June 2023.

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Another witness expressed similar concerns.

“I don’t care if I have to kill an F, I will,” Neely had allegedly ranted. “I’ll go to jail, I’ll take a bullet.”

Penny, who spoke with police voluntarily 11 days before Bragg’s office brought charges, faces up to 19 years in prison if convicted. His next court hearing is scheduled for Oct. 3.

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Maine

Maine Celtics stumble against Windy City

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Maine Celtics stumble against Windy City


Max McClung scored 12 of his 33 points in the fourth quarter, and the Windy City Bulls went on a 15-2 run in the fourth quarter to pull away for a 121-106 win over the Maine Celtics in an NBA G League game Friday night at the Portland Expo.

Kevin Knox II added 30 points, 21 in the second half.

Amari Williams led the Celtics with 26 points, nine rebounds and eight assists. Jalen Bridges made six 3-pointers and finished with 22 points, but the Celtics dropped to 2-8 in their last 10 games. Maine has lost four straight games at the Expo.

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Massachusetts

Eight takeaways from Friday’s high school playoffs action, including four 1,000-point scorers – The Boston Globe

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Eight takeaways from Friday’s high school playoffs action, including four 1,000-point scorers – The Boston Globe


Find the full scoreboard here, along with everything we wrote Friday night:

Not seeing your team’s highlights in Takeaways? Here are all the ways to submit scores and stats to Globe Schools via phone, email, and social media.

▪ Cathedral senior Keyona Raines scored 15 points, including the 1,000th of her career, as the No. 5 Panthers handled No. 28 Hudson, 60-43, in the first round of the Division 4 girls’ basketball tournament.

▪ Sutton junior captain Ava Carroll netted her 1,000th career point during a 29-point effort in a 49-31 Division 4 first-round win over Easthampton.

▪ With a layup in the waning seconds of the first half, Anna Freeman became the 10th Medway player, and first since Riley Childs in 2018, to score 1,000 career points. She finished the 55-24 Division 3 first-round win over St. Paul with 17. Her father, Matt Freeman, scored 1,000 points at Bishop Feehan.

▪ Burlington boys’ basketball senior Matty Gray reached 1,000 career points during a 25-point performance in a 95-58 Division 2 first-round rout of Holliston. He reached the mark on a first-quarter layup.

▪ Falmouth boys’ hockey senior Kody Pokraka rode two assists to 100 career points during a 5-4 Division 2 first-round win over Plymouth South.

It was a chalky day, with only one significant upset: No. 22 Greater Lawrence girls’ basketball easily handling No. 11 Hamilton-Wenham, 65-45, in the Division 4 first round thanks to 13 3-pointers as a team and a combined 47 points from Serenity West (24) and Maliah Caban (23).

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The only other lower seeds to win were No. 18 Marshfield boys’ basketball, which took out No. 15 Cambridge, 66-63, in overtime in the Division 1 first round, and No. 34 Arlington Catholic boys’ basketball, which survived No. 31 Duxbury, 64-60, in Division 2 preliminary-round action.

The finish of the night came in No. 17 South Hadley’s 61-60 win over No. 16 Madison Park. Trailing 60-59 and inbounding with 10.3 seconds left, the Tigers got an off-balance 3-pointer, but junior Noah Hambley crashed the boards and in one fell swoop secured the rebound and put it back up off the glass for the winning bucket as time expired in a boys’ basketball Division 4 first-round matchup.

The Oliver Ames boys got four free throws from Jacob Lok in the final 26 seconds to squeak past Canton, 45-42, in the first round of the Division 2 bracket. The Acton-Boxborough girls also needed overtime to complete a 53-49 Division 1 first-round triumph over Brookline.

The only overtime hockey game of the night saw the Diman boys net an equalizer in the final minute of regulation before Marlborough’s Ethan Guo supplied the heroics just 2:08 into the extra frame, propelling the No. 8 Panthers into the Division 3 second round with a 6-5 victory. Anthony Tramontozzi and Chace Lozano each scored twice for Marlborough

Caroline Arruda, Marshfield — The sophomore poured in 32 points to push the Rams to a 68-63 preliminary-round win over Westborough.

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Gaby Bassett, Nauset/Monomoy — The senior capped her hat trick with the winning goal in a 4-3 Division 2 opening-round win over Burlington.

Brody Bumila and Jake Webster, Bishop Feehan — The seniors took control of an 85-67 Division 1 first-round victory, with Bumila providing 32 points and 14 rebounds and Webster going for 21 points, 7 rebounds, and 7 assists.

Avery Gamble, Oliver Ames — The senior’s 3-point shot wasn’t falling, but she didn’t let that get in the way of a 34-point performance, 2 off her career best, during a 59-50 Division 2 first-round win over Bedford.

Eileen Lowther, Hingham — The junior controlled the glass, pulling down 15 rebounds and blocking six shots to go with 12 points in a 54-43 Division 2 first-round win.

Mollie Mullen, Bishop Feehan — The senior from Dighton delivered 21 points, 9 steals, and 5 assists as the No. 2 Shamrocks rolled to a 71-30 Division 1 first-round victory over Peabody.

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Maura Quirk, Acton-Boxborough — The sophomore was cleaning the glass to the tune of 17 rebounds while adding 13 points in a 53-49 overtime win in the first round of the Division 1 bracket.

Senior Sophia O’Donnell made history, becoming the first St. Mary’s athlete to sign to become a Division 1 rower. O’Donnell will row for Merrimack.

Milton Academy graduate Cormac Ryan signed a two-way NBA contract with the Bucks on Thursday, making him the fourth former member of the Middlesex Magic AAU program currently in the NBA, along with The Pistons’ Duncan Robinson, Hornets’ Pat Connaughton, and Knicks’ Tyler Kolek.

Ryan, who hails from New York, was a three-time All-NEPSAC selection at Milton Academy before playing at Stanford, Notre Dame, and North Carolina. He spent the last two seasons in the G League with the Oklahoma City Blue and Wisconsin Herd. He played with the Thunder’s Summer League team in 2024.

Quinnipiac junior Anna Foley, a 6-foot-3-inch Andover graduate, was celebrated for reaching 1,000 points during a ceremony Friday. She passed the mark on Feb. 12 in a 62-40 victory over Siena. A two-time All-MAAC second team selection, she’s averaging 9.5 points and 5.4 rebounds per game.

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8. Basketball leaderboard

Avery Gamble, Oliver Ames, 34

Caroline Arruda, Marshfield, 32

Brody Bumila, Bishop Feehan, 32

Weston Bunnell, Stoneham, 29

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Joe Baraky, Duxbury, 28

Zach Georges, Pioneer Charter I, 27

Kelsi Lanza, Silver Lake, 27

Josh Roux, Andover, 26

Ava Bailey, Newburyport, 25

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Allie Danis, Newton North, 25

Angie Djoko, Danvers, 25

Noah Feldman, Marshfield, 25

Matty Gray, Burlington, 25

Jackson Hines, Arlington Catholic, 25

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Connor Houle, Attleboro, 25

Katelyn Troilo, Mansfield, 25

Alex Ste. Marie, Manchester Essex, 24

Serenity West, Greater Lawrence, 24

Noah Bayersdorfer, Winthrop, 23

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Maliah Caban, Greater Lawrence, 23

Josh Jenkins, Barnstable, 23

Reagan Maniscalco, Tewksbury, 23

Colin Trimble, Foxborough, 23

Eva Andrews, Needham, 22

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Alaysia Drummonds, Foxborough, 22

Trevor Manning, Ipswich, 22

Gia Porazzo, Foxborough, 22

Sarah Powers, Wayland, 22

Ryan Tullish, Middleborough, 22

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Chase Gara, Sutton, 21

Mollie Mullen, Bishop Feehan, 21

LaDainian Rodrigues, Attleboro, 21

Rex Satter, Ipswich, 21

Jake Webster, Bishop Feehan, 21

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Aboubakar Nimaka, Malden Catholic, 20

Dylan Raffle, Milton, 20

Maeve Horsman, Oliver Ames, 18

Eva Andrews, Needham, 17

Maura Quirk, Acton-Boxborough, 17

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Tony Dean, Stoneham, 15

Eileen Lowther, Hingham, 15

Brody Bumila, Bishop Feehan, 14

Angie Djoko, Danvers, 12

Camden Strandberg, Bridgewater-Raynham, 11

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Avery Teixeira, Bishop Feehan, 11

Sophie Gallivan, North Reading, 10

Shannon LaMorticelli, Bishop Feehan, 10

Aboubakar Nimaka, Malden Catholic, 10

Zarah Ochi, Burlington, 10

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Ashley Varnum, Bridgewater-Raynham, 10

Lila Polansky, Bridgewater-Raynham, 8

Duke Cherry, Malden Catholic, 7

Sophie Gallivan, North Reading, 7

Erin Reilly, Burlington, 7

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Jake Webster, Bishop Feehan, 7

Caroline Connors, Millis, 6

Egan Gill, Bishop Feehan, 6

Rex Satter, Ipswich, 6

Marcus Tayag, Pioneer Charter I, 6

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Rayana Laurent, Pingree, 5

Mollie Mullen, Bishop Feehan, 9

Reagan Maniscalco, Tewksbury, 6

Ella O’Keefe, Oliver Ames, 5

Dylan Raffle, Milton, 4

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Ava Sicari, Burlington, 4

Rex Satter, Ipswich, 3

Eileen Lowther, Hingham, 6

Maeve Horsman, Oliver Ames, 5

Zarah Ochi, Burlington, 4

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Gaby Bassett, Nauset/Monomoy, 3

Griff Callahan, Martha’s Vineyard, 2

Max Cronen, Monomoy/Mashpee, 2

Addy Harrington, Duxbury, 2

Jaxon Hoey, Norwell, 2

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Chace Lozano, Marlborough, 2

Mackenna Metell, Martha’s Vineyard, 2

Christos Rogaris, Dover-Sherborn/Weston, 2

Mark Trahon, Norwood, 2

Anthony Tramontozzi, Marlborough, 2

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Bryce Campanale, Norwell, 3

Maeve Turner, Falmouth, 3

Violet Cox, Falmouth, 2

Ryan Heidt, Martha’s Vineyard, 2

Cam Long, Norwell, 2

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Kody Pokraka, Falmouth, 2

Bailen Darack, Martha’s Vineyard, 22

Sammie Precourt, Dennis-Yarmouth, 16


Brendan Kurie can be reached at brendan.kurie@globe.com. Follow him on X @BrendanKurie.





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New Hampshire

Sen. Denise Ricciardi & Jeff Rogers: Stopping super speeders can save lives in New Hampshire

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Sen. Denise Ricciardi & Jeff Rogers: Stopping super speeders can save lives in New Hampshire





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