Northeast
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
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
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.
“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.
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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Boston, MA
Extra Point; September 15, 2024: Boston College Drops First Game of the Season; Falls to Missouri 27-21
The Boston college eagles lost their first game of the year, falling 27-21 to sixth ranked Missouri and dropping to 2-1 on the season.
Quarterback Thomas Castellanos put together a strong performance through the air, but was unable to overcome two costly interceptions, and the offense as a whole was unable to ever find rhythm in the run game.
Head coach Bill O Brien, following the game, said of his team’s offensive struggles, “[Missouri] has a good front. Got a good front, we got a good offensive line. I would say that we battled, we got behind. We had to throw the ball a little bit more but give Missouri credit, they did a good job up front. They tackled, well, they got a good team. I mean, if Missouri’s number six in the country, they’re there for a reason. They got a good football team and we just weren’t able to establish a consistent running game, and that’s got to improve moving forward.”
Through the first two games of the season, the Eagles averaged an impressive 284 yards on the ground, but were held to just 49 against Missouri.
Boston College moves back home next week to take on the Michigan State Spartans who are 3-0, but have two one score wins.
The Spartans have held opponents to under 100 rushing yards a game up to this point, so Thomas Castellanos and company will have their work cut out for them if they hope to bounce back after a close week 2 loss.
Pittsburg, PA
How to watch Pittsburgh Steelers vs Broncos NFL Week 2: Time, TV channel, FREE live stream
The Pittsburgh Steelers are road favorites in Week 2 playing a Sunday afternoon matchup with a Denver Broncos team led by rookie quarterback Bo Nix. The game is scheduled to start at 4:25 p.m. ET (2:25 p.m. MT) with TV coverage on CBS and streaming on-demand.
- How to watch: Live streams of the Steelers vs. Broncos game are available with offers from FuboTV (free trial), SlingTV (low intro rate) and DirecTV Stream (free trial).
- For a limited time, FuboTV is offering $30 off the first month after the free trial period. With the $30 offer, plans start at $49.99 per month.
- The game will also stream on Paramount+, which offers a free trial for new users.
- Regional restrictions may apply.
Pittsburgh Steelers (1-0) at Denver Broncos (0-1)
NFL Week 2 matchup at a glance
When: Sunday, Sept. 15 at 4:25 p.m. ET (2:25 p.m. MT)
Where: Empower Field at Mile High Stadium, Denver, Colo.
TV channel: CBS
Live streams: FuboTV (free trial) | SlingTV (low intro rate) | DirecTV Stream (free trial) | Paramount+ (free trial)
Justin Fields could be back under center for the Steelers in Week 2 with veteran Russell Wilson going into Sunday listed as questionable with a calf injury. Fields got the start on the road against the Atlanta Falcons last Sunday and helped the Steelers to an 18-10 win with his 17-of-23 passing for 156 yards and his 14 rush attempts for 57 yards.
Pittsburgh should be very competitive in the head-to-head battle of starting quarterbacks if the same version of Nix shows up in his second career start. The No. 10 overall pick in the 2024 NFL Draft completed 26 of 42 pass attempts for 138 yards in Denver’s 26-20 loss to the Seattle Seahawks last Sunday.
Pittsburgh Steelers vs. Denver Broncos Live Streaming Options
- FuboTV (free trial) – excellent viewer experience with huge library of live sports content; free trial lengths vary; monthly rate after free trial starts at $49.99 for duration of $30 first month discount.
- DirecTV Stream (free trial) – not the same level of viewer experience as FuboTV, but the standard 7-day free trial is still the longest in streaming
- SlingTV (low intro rate) – discounted first month is best if you’ve run out of free trials or you’re in the market for 1+ month of TV
- Paramount+ ($7.99+/mo.) – an option for most games on the CBS family of networks, which often features big matchups in the NFL and college
The Broncos and Steelers are set for a 4:25 p.m. ET start on CBS. Live streams are available from FuboTV (free trial), DirecTV Stream (free trial) and SlingTV (low intro rate).
The game will also stream on Paramount+, which offers a free trial for new users.
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