Prosecution’s Strategy in the Daniel Penny Case
Over the course of eight intense days of testimony featuring more than 30 witnesses, the prosecution has not hesitated to present accounts that portray the homeless man, Jordan Neely, whom Daniel Penny fatally choked on an F train, in a frightening light. In fact, the prosecution actively sought out these testimonials.
Under the leadership of Dafna Yoran, the prosecutors from the Manhattan district attorney’s office concluded their case on Monday, having called upon nine passengers who were on the train that day last year. Almost all of these witnesses recounted how Mr. Neely had approached them in a menacing manner, yelling about his hunger and expressing a desire to return to jail.
However, this emphasis on the fear experienced by witnesses was a calculated strategy. Anna Cominsky, the director of the criminal defense clinic at New York Law School, noted that finding passengers willing to portray Mr. Neely in a positive light would likely be challenging. Therefore, the prosecution needed to confront Mr. Neely’s actions directly.
As the government lawyers sought to secure a conviction against Mr. Penny for manslaughter and criminally negligent homicide, they articulated a legal theory that did not hinge on Mr. Neely’s behavior. Instead, they contended that Mr. Penny, a former Marine, maintained a chokehold on Mr. Neely for an excessive duration while restraining him. They argued that Mr. Penny’s actions crossed the line into criminality when he continued to choke Mr. Neely—who had a history of mental illness and was known for his impersonation of Michael Jackson—after he was no longer a perceived threat.
The prosecution urged jurors to look beyond the initial confrontation in the train car, emphasizing the critical moments that unfolded after the train doors opened at the Broadway-Lafayette Street station. It was during this time, they argued, that Mr. Penny’s actions shifted from being protective to being criminal. Furthermore, they posited that his military training should have informed him when it was appropriate to release his hold.
Outside the courthouse in Lower Manhattan, demonstrators have gathered daily, highlighting the contentious nature of the case. However, amidst the protests, there are also indications of support for Mr. Penny.
