Daniel Penny’s defense team wants to ‘smear’ Jordan Neely in subway chokehold case, prosecutors say
(NEW YORK) — Testimony about the psychiatric history of a man who died in a chokehold aboard a New York City subway is only meant to “smear” the victim and should be precluded from upcoming trial of a former Marine charged with manslaughter, the Manhattan district attorney’s office said in a new court filing.
Daniel Penny is scheduled to stand trial next month after he put Jordan Neely in a fatal chokehold in May 2023 aboard an F train in what his attorneys say was an effort to “protect the lives of his fellow passengers.” Penny’s attorneys are seeking to call a forensic psychiatrist who they said would “opine regarding the extent of Neely’s K2 abuse” and why that may have caused him to allegedly become “insanely threatening” to subway passengers.
Prosecutors asked the judge to exclude the testimony of the psychiatrist, Dr. Alexander Bardey, and limit what the defense can show from Neely’s psychiatric records.
“The psychiatrist’s testimony and the unredacted psychiatric records are inadmissible and their suggested introduction is a transparent attempt by the defense to smear the victim’s character so that the jury will devalue his life,” assistant district attorney Dafna Yoran said in a motion to preclude Bardey’s testimony from trial.
“Numerous witnesses will testify regarding Mr. Neely’s aggressive behavior on the date of the incident,” Yoran said. “The jury does not need and cannot be permitted to hear Dr. Bardey’s opine as to why Mr. Neely was aggressive.”
The defense has said Neely’s psychiatric history includes non-compliance with medication and chronic K2 abuse and argued that is relevant for the jury to hear.
“Neely’s history of volatile behavior while in treatment, and the steps taken to subdue/restrain him, are documented in these records, and speak to why our client had to use the force necessary to restrain him on the date of incident,” said defense attorney Thomas Kennif, who has argued Penny was justified in seeking to subdue Neely.
Penny has pleaded not guilty to manslaughter and negligent homicide charges. He is scheduled to begin trial Oct. 21, re-submitting the highly charged case into the public consciousness less than a month before the election.
(SAN ANTONIO) — The former Marine who spent more than 2,000 days in Russian custody spoke out after a historic, multi-country prisoner swap allowed him and three others to return to the U.S.
Evan Gershkovich, Paul Whelan and Alsu Kurmasheva deplaned shortly before 4:30 a.m. eastern at Joint Base San Antonio, officially marking the beginning of their next chapter, free and back home in the United States.
The three embraced one another for a photo surrounded by their loved ones and held up the Hostages and Wrongful Detainees flag.
“This is us down here,” Whelan said pointing to three slash marks on the bottom of the flag, “Those last three, that’s us.”
Upon their arrival, they were greeted by officials who gave them instructions on immediate next steps. Col. Davis explained that they would first send them for a medical assessment while their families stayed overnight in hotels off base.
Whelan wore the American flag pin given to him by President Biden at Joint Base Andrews — “It’s a keepsake.”
Whelan criticized the “nonsense narrative [the Russian government] came up with” for his imprisonment.
“So, you know, this is how Putin runs his government. This is how Putin runs his country. Yeah, I’m glad I’m home. Yeah. I’m never going back there again,” he said, with a smile.
He also said he had received thousands of letters of support, so many that the Russian Federal Security Service “stopped giving them to him.”
“I just say thank you to everybody. You know, thank you for all your prayers, your your, you know, good wishes. Thanks for doing everything you did,” he said.
President Joe Biden and Vice President Kamala Harris greeted the three Americans freed from Russian custody as they arrived back on American soil and reunited with their families.
Biden hugged Paul Whelan and the vice president greeted the former Marine as he arrived on the tarmac. Whelan’s sister, Elizabeth Whelan, also on the tarmac awaiting his arrival when he landed.
When Wall Street Journal reporter Evan Gershkovich arrived on the tarmac, a cheer erupted. He and Biden shook hands and spoke for some time before a long and emotional hug took place between the journalist and his mother, Ella Milman, who was picked up during their embrace at one point.
Alsu Kurmasheva was also welcomed by Biden and Harris. In an emotional moment, she was reunited with her daughters before Biden came over and talked to them as they hugged.
Biden interacted very freely with the press, taking the chance to speak to reporters multiple times on the tarmac.
When asked by a reporter whether he ever thought this moment would come, Biden’s simple reply was “yes.” And when asked what made him so confident, he said it was his relationships with the “other heads of state.”
Biden was also subsequently asked what was his message to Vladmir Putin after the former prisoners were back on American soil.
“Stop,” Biden said.
Biden also said that the scene playing out behind him was the “essence” of America.
“To me, this is about the essence of who we are as a country. It really is about personal relationships,” Biden said. “It’s about family. It’s about being able to have access to the people you love.”
One reporter asked him what the hardest part of securing the deal was.
“The toughest call was for one of the other countries because I asked them to do some things that were against their immediate self-interest,” said Biden. “It was really very difficult for them do, particularly Germany. Slovenia really came at the last minute and I tell you what, [the] chancellor was incredible.”
Biden was also asked about whether he was making calls to secure this deal within the hour that he announced his decision to drop out of the 2024 presidential race.
“I would get this done even if I was seeking a second term. You’re stuck with me as president for a while, kid, there’s no way out, okay,” Biden said. “You got me for at least another 100 — 90 days or so. So it had to do with that. It had to do with the opportunity trying to convince one last country to say okay, they’ll step up.”
When asked about whether this deal would be part of his legacy, Biden sidestepped, saying it’s something to talk about “another time.”
“This is just an extraordinary testament to the importance of having a president who understands the power of diplomacy and understands the strength that rests in understanding the significance of diplomacy and strengthening alliances this criticism, incredible day saving families, in their eyes and in their cries,” Harris said as the Kurmasheva family could be heard crying behind her when they were reunited.
(LOS ANGELES) — A 4.7 magnitude earthquake centered in Malibu, California, rocked the Los Angeles area Thursday morning, according to the U.S. Geological Survey.
A 2.8 magnitude aftershock was registered in Malibu two minutes after the initial quake.
This is a developing story. Please check back for updates.
(NEW YORK) — The Bridge Fire straddling Los Angeles and San Bernardino counties was late Wednesday the largest wildfire in California, as authorities battled several large blazes aided by federal assistance and the state National Guard.
Some 2,500 structures are under threat from the Bridge Fire, Cal Fire said in its latest Wednesday night update, with the wildfire consuming 50,258 acres and at 0% containment.
The blaze — the cause of which is still undetermined — “continued to exhibit extreme fire behavior” through Wednesday, Cal Fire said, growing by 13,000 acres “mainly on the north and east flanks.”
At least 13 structures were destroyed in the Wrightwood area, it added, with power infrastructure also affected. Mountain High West and East Ski Resort were both affected by fire activity, while 20 homes in Mount Baldy and six wilderness cabins were destroyed.
Cal Fire warned that the expanding inferno may cause “spot fires” as it reaches areas of “receptive fuels with little to no fire history.”
The Bridge Fire is one of three large wildfires active in southern California. The Airport Fire — straddling Orange and Riverside counties — continued to burn on Wednesday, at 23,140 acres with 5% containment.
Though firefighting crews ensured minimal growth of the blaze through Wednesday — partially thanks to improved weather conditions — two civilians and 10 firefighters have so far been injured.
Evacuations orders are in place for 5,513 homes in Riverside County, and evacuation warnings in place for 9,581. Some 53,000 Riverside County residents are affected by the fire.
Gov. Gavin Newsom traveled to southern California on Wednesday, proclaiming a state of emergency in Los Angeles, San Bernardino, Orange and Riverside counties in response to the Bridge and Airport fires, his office said in a press release.
Newsom declared a state of emergency related to the Line Fire last weekend. That wildfire — east of Los Angeles in San Bernardino County — was 18% contained as of Wednesday night, Cal Fire said, at 36,481 acres in size.
More than 100,000 people have been displaced from the affected area amid evacuation orders and warnings, with 65,600 structures threatened. One arson suspect was detained earlier this week on suspicion of starting the blaze.
Newsom visited the Line Fire command post in Highland on Wednesday.
“California is deploying every available resource to combat these devastating fires, and we’ll continue to work in lockstep with federal and local partners in this herculean effort,” Newsom said.