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As the Right Lionizes Daniel Penny, His Prosecutor Faces a Familiar Fury

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As the Right Lionizes Daniel Penny, His Prosecutor Faces a Familiar Fury

Daniel Penny broke into a smile at midmorning Monday, hugging both of his lawyers in a Manhattan courtroom and getting a kiss on the cheek from one. Moments before, a jury forewoman had said Mr. Penny was not guilty of criminally negligent homicide in the death of a homeless subway passenger he had restrained in a chokehold last year.

As the celebration moved to a nearby bar, criticism of the district attorney, Alvin Bragg, exploded online. It came from Republicans like Vice President-elect JD Vance, Donald Trump Jr. and former Mayor Rudolph W. Giuliani, who praised the jurors and scorned Mr. Bragg for charging Mr. Penny, a former Marine.

On Friday, Mr. Vance said he had invited Mr. Penny to attend the Army-Navy football game on Saturday with him and called Mr. Bragg “New York’s mob district attorney.”

And so, as Mr. Penny’s star ascends on the right, Mr. Bragg, who faces re-election next year, finds himself in a familiar position: saying he had followed the law and his duty no matter the outcome as an internet storm raged around him.

Mr. Bragg, a Harlem native who is Manhattan’s first Black district attorney, has been a target for such fury since the first days of his term, when he promised a progressive approach to crime. It built to a fever when he charged President-elect Donald J. Trump with 34 felonies — and won a conviction on each charge.

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After the Penny trial, Mr. Bragg said in a statement that “as with every case, we followed the facts and the evidence from beginning to end.” But he added that “prosecutors and their family members were besieged with hate and threats — on social media, by phone and over email.”

“Simply put,” he said, “this is unacceptable, and everyone, no matter your opinion on this case, should condemn it.”

Tumult comes with the job, said Cyrus Vance Jr., his predecessor, who is not related to the vice president-elect. But in recent years the 24-hour news cycle and the never-sleeping internet have made routine cases “more fraught more frequently,” he said.

“The office has always has been involved with tough cases and tough decisions,” Mr. Vance said. He added, “My guess is, the change in reporting has intensified the reactions to cases brought and not brought.”

It was cases possibly not brought that first made Mr. Bragg a focus of public ire. In his first week in office in 2022, Mr. Bragg told his staff to ask for jail time only for the most serious offenses — including murder, sexual assault and crimes involving major sums of money — unless the law required otherwise. The city was struggling to control a pandemic spike in crime, and the move created confusion and consternation in law enforcement circles.

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But the most vociferous opposition came from conservative politicians after his office charged Mr. Trump. The former president portrayed him as part of a vast and sinister Democratic conspiracy as Mr. Bragg won his conviction for falsifying business records to cover up a hush money payment to a porn star. Mr. Trump has demanded the prosecution of people he blames for criminal and civil cases against him, including Mr. Bragg.

This summer, Mr. Bragg signaled that he would testify before Congress as Republican representatives sought to discredit the case. Since winning election this year for a second term, Mr. Trump has asked the court to dismiss his conviction. In a letter to the judge overseeing the case, Mr. Bragg’s office countered by showing a willingness to freeze sentencing while Mr. Trump holds office.

The district attorney’s office, with about 1,700 staff members, including approximately 600 prosecutors, has brought 36,000 cases this year, according to its data. In November, the office concluded 13 trials.

Mr. Bragg’s supporters have said that the politically charged cases have overshadowed good work, like mental health initiatives and the creation of a special victims division. Erin E. Murphy, a New York University law professor and Mr. Bragg’s close friend, said it is “frustrating.”

However, Mr. Bragg’s experience as a career prosecutor — working in the office of the U.S. attorney for the Southern District of New York and as a deputy New York attorney general — prepared him to take the condemnation in stride and ignore the political maelstrom, she said.

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“The work he’s done has gone up against some of the most powerful political, economic, financial actors in our system,” she said. “He’s just well poised to just know what that feels like and what it entails.”

Mr. Bragg’s case against Mr. Penny stemmed from his encounter with another subway rider, Jordan Neely, on May 1, 2023. Mr. Penny, an architecture student, was on his way to the gym when he boarded an uptown F train. Mr. Neely, 30, who had struggled with his mental health for years, entered the car and began yelling about his hunger, wanting to return to jail and not caring about living or dying, according to witnesses, several of whom described his behavior as frightening.

As Mr. Neely strode through the car, Mr. Penny approached from behind and put him in a chokehold, taking him to the floor.

In the days after, as video of the two men struggling on the floor rocketed around the internet, protesters crowded onto the platform at the Broadway-Lafayette station, where the train had stopped, demanding charges against Mr. Penny.

Others quickly came to his defense, saying that he had acted to protect fellow passengers.

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Vickie Paladino, a Republican city councilwoman from Queens, this week called for Mr. Trump’s incoming administration to launch a federal civil rights investigation of the prosecutor’s office. Mr. Bragg “has made this racial,” Ms. Paladino told “Fox & Friends First,” adding that the trials of Mr. Trump and Mr. Penny, who are both white, show the prosecutor’s office has a “vendetta.”

Maud Maron, a right-wing activist who has said she plans to run as a Republican for district attorney, said she would not have filed charges against Mr. Penny because he had acted in defense of others.

Mr. Neely would not have died had he been jailed for previous crimes, she said. Although incarceration is not “ideal or sometimes even a great way to deliver mental health services for drug treatment services, sometimes it’s the only way,” she said.

Mr. Penny’s case became a flashpoint in the debate over how New York handles crime and justice, homelessness and mental illness.

Some said the episode was representative of a string of high-profile crimes on the subways, many involving homeless and mentally ill people, and showed the city’s inability to protect residents. Others saw Mr. Neely as a symbol of a broken system that lets vulnerable people slip through the cracks.

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That politicians seized on Mr. Penny’s case was unsurprising, said Maya Wiley, a civil rights attorney and former candidate for mayor. “In this era, political actors are deeply invested in what prosecutors are or are not doing,” she said.

Ms. Wiley, who said she met Mr. Bragg during their respective campaigns in 2021, called him a “straight shooter.”

Mr. Bragg had an “obligation to Neely and to the public” to look at the evidence and prosecute the case, particularly following a medical examiner’s findings that Mr. Neely died because of the chokehold, Ms. Wiley said. “Anything short of that would have been to fail to do the job appropriately,” she said.

But as Mr. Bragg’s office finishes one charged case, another is close on its heels.

At almost the same time as Mr. Penny was rejoicing on Monday, police officers in Pennsylvania arrested a suspect in the killing of a health insurance executive on a Manhattan street. The suspect, Luigi Mangione, has been charged with murder by New York prosecutors and they seek his extradition.

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Already, the killing has garnered an impassioned response from Americans frustrated with the health insurance industry, with some making the defendant into a folk hero — and returning a polarized nation’s attention to the prosecutor’s office in Lower Manhattan.

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The Sublime, Stupid World of ‘Oh, Mary!,’ Cole Escola’s Surprise Broadway Hit

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The Sublime, Stupid World of ‘Oh, Mary!,’ Cole Escola’s Surprise Broadway Hit

A collage showing Cole Escola as Mary Todd Lincoln, historical photos of Mary Todd Lincoln, and other ephemera.

“Oh, Mary!” is the surprise hit of the current Broadway season: an outlandish comedy with an insistently ahistorical premise, depicting Mary Todd Lincoln as a self-involved alcoholic who dreams of becoming a cabaret star.

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Cole Escola in a clip from “Pee Pee Manor.”

The show is the brainchild of Cole Escola, an alt-cabaret performer who, through years of gender-bending sketches on YouTube and onstage, honed the parodic sensibility that informs “Oh, Mary!”

An old photograph of of Mary Todd Lincoln.

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The show’s central element is, of course, Mary herself — a warped version of the onetime first lady. Escola, who wrote the show and stars as Mary, created a character who is somehow both serious and ridiculous.

Escola as Mary, wearing a black gown and curls.

So how did the show’s creative team decide what “Oh, Mary!” should look like? Escola had some ideas.

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A sketch of the black dress costume.

Escola envisioned Mary’s main gown as heavy and black, her curls bouncy and absurd. “I wanted everything to move and to be fun to play with, but I also wanted it to look like she’s trapped,” Escola said.

The black moire dress, inspired by portraits of, and museum exhibitions about, Mary Todd Lincoln, is bell-shaped, with large puffy sleeves and a pointed bodice; the buttons are exaggerated and the trim is outsized. It “alludes to her inner story of having been a cabaret legend,” said Holly Pierson, the costume designer.

Escola on the stage floor in the black gown.

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As the show developed, the dress was shortened, because the more historically accurate floor-length version was causing Escola to trip. “The shortness was necessary for Cole to run around and jump on the desk and do all the stuff on the floor,” Pierson said.

Escola’s bloomers alongside the similar bloomers worn by the queen in the “Alice in Wonderland” cartoon.

The undergarments, which include black tights, white bloomers painted with red hearts, and a ruffled hoop skirt, had to be redesigned several times to make them about five pounds lighter, because the original version was so heavy it impeded Escola’s choreographed movement.

Mary’s hair, a dark brown long bob adorned with curls, is the creation of Leah Loukas, a veteran wig designer. Loukas said the severity of the wig, and its center part, is based on historical images.

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A still from “Gone With the Wind” of Aunt Pittypat with her many curls.

The curls, which bounce as Escola flounces, are inspired by characters including Aunt Pittypat in “Gone With the Wind” …

A still from “Cinderella.”

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… an evil stepsister in “Cinderella,” and a poetry book Loukas had from her own childhood.

A black and white drawing of a girl with curly hair, alongside a gif of Escola flipping their curls.

The number of curls increased as the show transferred to Broadway from downtown and the creative team decided to play up the absurdity, but striking the right balance — the quantity and bounce of the curls that would move but not obscure Escola’s face — required time and testing.

“It took us months to find the magical sweet spot of comedy and functionality,” Loukas said.

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A collage of Escola as Mary, surrounded by old Hollywood actresses.

Escola is a huge fan of old movies and the actresses who starred in them.

Margaret Sullavan

Barbara Stanwyck, and more.

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A clip from “The Heiress.”

Especially influential is “The Heiress,” a 1949 film adapted from Henry James’s “Washington Square,” with an Oscar-winning turn by Olivia de Havilland.

“It’s thematically similar,” Escola said: “A woman who doesn’t fit the role she’s supposed to play, and who may or may not be conspired against by the people who are supposed to love her the most.”

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A collage of Escola as Mary, surrounded by old Hollywood actresses.

“They’re all ingredients in me, and I’m an ingredient in Mary, so there’s just Old Hollywood microplastics throughout the DNA of my Mary Todd Lincoln,” Escola said.

A collage of Escola being held by another character in the play, surrounded by similar embraces from old movies and the cover of a romance novel.

The sets and the staging are informed by a nostalgia for classic cinematic imagery. “Old American tropes are a signature piece of Cole’s work,” said Andrew Moerdyk, one of the scenic designers.

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For example, the brief clutch between Mary and her acting teacher looks like the cover of a romance novel, or a scene from a romantic movie.

A clip from “Gone With the Wind.”

“I’m of course inspired by romance in old movies, whether it’s Scarlett and Rhett or Heathcliff and Cathy,” Escola said, referring to the romantic couplings at the heart of “Gone With the Wind” and “Wuthering Heights.”

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A design mock-up of the saloon set alongside a photo of the real set.

A bar where the Lincolns go to drink looks like a saloon from an old western, with its dark wood and swinging door. Nobody worried about what a bar near the White House actually might have looked like in the 1860s.

An old photo of people drinking in a saloon.

“We looked at Victorian saloons of the period from all over America, and they had this beautiful heavy woodwork, and usually had a mirror,” Moerdyk added. “We wanted to distill it down to the essence of what a saloon was.”

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Silly props from the saloon set.

The set was created by the design collective dots. Moerdyk described the tone as “rigorously stupid.” “Usually we go to great lengths to mask the tops of walls and erase anything phony, but here we leaned into the theateriness of it all,” he said.

A design mockup of the White House office set for the play, alongside the real set.

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The show’s set is meant to be reminiscent of community theater — more stagey than naturalistic, so that when you look at it, you know you’re seeing actors in a play.

The White House office, for example, has two doors on the same side of the room to facilitate actor entrances and exits; the walls are angled to make it easier for audiences on the side of the theater to see.

Zooming in on the two sets of doors.

“That office makes zero sense architecturally — it just looks like a set, and that was intentional,” Sam Pinkleton, the show’s director, said. “Everything is cheated so that the audience can see it.”

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“The directive was, ‘You are not designing a play. You are playing designers designing a play,’” Escola said.

“It’s sort of the straight man to the comedy of the writing. The walls move every time we slam a door, but it’s not a ‘Ha ha, look at this set,’ it’s more ‘Look at how seriously we were taking this play with our limited resources.’ It’s literally the backdrop for the comedy.”

“The books on the shelves are painted spines that are totally flat, and you can see from the side that there are no books there,” Moerdyk said.

“We would never do that usually, but it was really fun to be allowed to be stupid.”

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A collage of the saloon bar with the R U M bottles.

Another example: “The labeling is the most basic version of what a prop would be,” Moerdyk said. “Downtown we didn’t spend any time thinking about what the liquors would be — we just wrote the word ‘Rum’ and ‘Whiskey’ on bottles and stacked them.

“And when we moved to Broadway, we needed to make that idea register to the back of the house, so we ended up labeling them ‘R’ and ‘U’ and ‘M.’ We had a lot of fun thinking about, ‘What is the dumbest version of this idea, and how can we make it be funny?’”

As the show developed, the creative team leaned into the set’s humor. “When we started there were some things that felt too underplayed or muted or naturalistic, like, ‘Oopsie, we’re doing Chekhov,’” Pinkleton said. Instead, he said, the show works best when “everything is taken a step too far.”

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A collage of Escola as Mary, with the Lincoln character, surrounded by reference images of the Lincoln assassination.

The show’s aesthetics get more precise as the story progresses.

An old drawing of the assassination.

For the assassination scene at Ford’s Theater, the designers opted for a greater degree of verisimilitude, imagining that some in the audience would have fairly specific expectations for what that would look like from photographs and paintings depicting the scene.

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“We wanted it to be the punchiest, most recognizable, easy-to-clock symbol of Ford’s Theater,” Moerdyk said.

A design mockup of the theater booth set alongside the real set.

“We tried versions that were high concept, but then Sam said, ‘What if we just put the booth in the middle of the stage, surrounded by darkness,’ and the image of that booth in the dark void is so successful.”

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A collage of Escola as Mary, wearing a blue dress, surrounded by a costume sketch, swatches, and an old drawing.

The blue dress that Mary Todd Lincoln wears in the assassination scene is a good example of how the show’s designers put their own spin on history, informed by midcentury film aesthetics.

Mary Todd Lincoln did have a blue velvet dress, but it’s not what she wore that fateful night, and it wasn’t as vibrant as the outfit in the show.

“Ours is a little more bright and in your face,” said Pierson, the costume designer. “We wanted it to be this empowerment dress — brash and almost tacky.”

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The full moodboard collage.

The show’s design winds up as both a homage and a spoof, made by people who love theater and also laugh about it.

Pinkleton, the director, summed up the approach, saying, “We wanted the whole thing to be a warm embrace of doing a play.”

Cole Escola is scheduled to star in “Oh, Mary!” until Jan. 19, and then Betty Gilpin will step into the title role for eight weeks. Tickets for the show are on sale through June 28; the production has not said who will play Mary Todd Lincoln following Gilpin.

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Alexander Brothers Sex Trafficking Indictment

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Alexander Brothers Sex Trafficking Indictment

to sexual assaults during planned trips and events. On numerous occasions, the ALEXANDER
BROTHERS drugged and raped or sexually assaulted women they encountered by chance,
including women they met at bars and nightclubs, social events, and on dating applications. The
ALEXANDER BROTHERS similarly carried out these rapes and sexual assaults by, among other
things, drugging and incapacitating victims, taking victims to isolated locations, physically
restraining victims while raping and sexually assaulting them alone, together, and with other men,
and ignoring victims’ explicit demands to stop.
STATUTORY ALLEGATIONS
7. From at least in or about 2010, up to and including at least in or about 2021,
in the Southern District of New York and elsewhere, in and affecting interstate commerce, ALON
ALEXANDER, OREN ALEXANDER, and TAL ALEXANDER, the defendants, and others
known and unknown, knowingly, did combine, conspire, confederate and agree to recruit, entice,
harbor, transport, provide, obtain, advertise, maintain, patronize, and solicit, by any means,
persons, and to benefit, financially and by receiving anything of value, from participation in a
venture which has engaged in any such act, knowing and in reckless disregard of the fact that
means of force, threats of force, fraud, and coercion, as described in Title 18, United States Code,
Section 1591(e)(2), and any combination of such means, would be used to cause the persons to
engage in commercial sex acts, in violation of Title 18, United States Code, Section 1591(a)(1) and
(b)(1), to wit, ALON ALEXANDER, OREN ALEXANDER, and TAL ALEXANDER, and others
known and unknown, agreed to recruit, entice, harbor, transport, provide, obtain, advertise,
maintain, patronize, and solicit women, including but not limited to Victim-1 and Victim-2, as
alleged in Counts Two and Three respectively, knowing and in reckless disregard of the fact that
force, threats of force, fraud, and coercion, would be used to cause the women, including but not
10
5

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Video: Suspect in C.E.O.’s Killing Fights Extradition to New York

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Video: Suspect in C.E.O.’s Killing Fights Extradition to New York

Luigi Mangione, who was charged with murder in the fatal shooting of Brian Thompson, the chief executive of UnitedHealthcare, is a 26-year-old Ivy League graduate from a prominent Maryland family. Maria Cramer, a New York Times reporter covering crime, describes what else we know.

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