Defense rests in Daniel Penny subway chokehold trial
Photo by Selcuk Acar/Anadolu via Getty Images
(NEW YORK) — The defense in the Daniel Penny manslaughter and negligent homicide case rested without their client taking the stand.
Penny is charged with manslaughter and negligent homicide in the May 2023 New York City subway chokehold death of Jordan Neely, a homeless man. Neely was acting erratically in a subway car when Penny put him in the deadly chokehold.
Penny, a former Marine, has pleaded not guilty to the charges.
The judge will hold a charging conference with the attorneys Monday to discuss his instructions to the jury.
The jury is off until after Thanksgiving, when the trial will resume with closing arguments, the judge’s instructions and deliberations.
(WASHINGTON) — The judge in President-elect Donald Trump’s classified documents case has temporarily blocked Attorney General Merrick Garland, special counsel Jack Smith, or any Department of Justice personnel from releasing the special counsel’s final report on the case.
U.S. District Cannon deferred the matter to the Eleventh Circuit Court of Appeals, but temporarily blocked the release of the report “to prevent irreparable harm arising from the circumstances as described in the current record in this emergency posture, and to permit an orderly and deliberative sequence of events.”
The move came a day after Trump’s former co-defendants, Walt Nauta and Carlos De Oliveira, asked Cannon — who dismissed the classified documents case in July after deeming Smith’s appointment unconstitutional — to issue an order barring Attorney General Merrick Garland from publicly releasing the report.
Attorneys for Trump, in a court filing Tuesday, asked Canon classified documents case to allow Trump to formally join his former co-defendants’ effort to block the report’s release.
“As a former and soon-to-be President, uniquely familiar with the pernicious consequences of lawfare perpetrated by Smith, his Office, and others at DOJ, President Trump should be permitted to participate in these proceedings,” Trump’s attorneys argued in Tuesday’s filing.
The filing came after the special counsel’s office, responding early Tuesday to Nauta and De Oliveira’s request for Cannon to block the report’s release, confirmed the office is “working to finalize” a report and that Attorney General Garland — who has the final say over what material from the report is made public — has still not determined what to release from the volume that relates to Smith’s classified documents investigation.
“This morning’s Notice is the most recent example of Smith’s glaring lack of respect for this Court and fundamental norms of the criminal justice system,” Trump’s lawyers wrote in their filing, referring to Smith’s stated intention that his office plans to transmit the report to Attorney General Merrick Garland no later than 1 p.m. EST today.
The special counsel’s office assured Judge Cannon in their filing that Smith would not release that specific volume of the report anytime before 10 a.m. Friday and that they would submit a fuller response to Nauta and DeOliveira’s emergency motion no later than 7 p.m. Tuesday evening.
Trump’s attorneys also sent a letter to Garland demanding he remove Smith from his post and defer the decision about the report’s release to Trump’s incoming attorney general, Pam Bondi.
“No report should be prepared or released, and Smith should be removed, including for even suggesting that course of action given his obvious political motivations and desire to lawlessly undermine the transition,” wrote Todd Blanche and Emil Bove, Trump’s defense attorneys who Trump has picked for top Justice Department posts in the incoming administration.
Smith has been winding down his cases against the president-elect due to a longstanding Department of Justice policy prohibiting the prosecution of a sitting president — moving to dismiss Trump’s federal election interference case and dropping his appeal of the classified documents case — and is expected to submit a final report about his investigations to Garland before stepping down.
(NEW YORK) — Luigi Mangione, the suspect in the killing of UnitedHealthcare CEO Brian Thompson, is charged in a four-count federal criminal complaint with stalking, murder through the use of a firearm and a firearms offense involving a silencer.
He waived extradition on Thursday morning and was transported via plane and helicopter from Pennsylvania to New York.
Mangione is expected to make his initial appearance in federal court in lower Manhattan Thursday afternoon.
A special edition of “20/20” airing Dec. 19 at 10 p.m. ET on ABC looks at the murder of UnitedHealthcare CEO Brian Thompson and the manhunt that led to the arrest of Luigi Mangione, who went from the Ivy League to alleged killer.
Mangione agreed to be extradited during an appearance in court in Blair County, Pennsylvania, on Thursday morning.
Mangione stood as the judge read him his rights. The Ivy League graduate answered “yes” when asked if he understood and answered “yes” when asked if he wanted to waive extradition.
NYPD officers sat in the front of the courtroom and took custody of Mangione after his appearance.
Spectators gathered outside the courthouse as Mangione was taken inside.
One person held a sign reading “Deny, Defend, Depose,” echoing the words written on shell casings and a bullet at the murder scene.
Adam Giesseman, who had a sign that said “Free Luigi” and “Murder for Profit is Terrorism,” told ABC News, “Our country is broken.”
Another waiting spectator, who only gave her first name, Natalie, voiced frustration that the insurance system is “set up for profit over people’s health.”
“It’s unfortunate that this happened, and I’m not glorifying it in any way — but it’s brought attention to the issue that affects all Americans,” she said.
The federal charges could make Mangione eligible for the death penalty. He faces a maximum sentence of life in prison without parole if convicted of the state charges.
Mangione’s New York lawyer, Karen Friedman Agnifilo, said in a statement, “The federal government’s reported decision to pile on top of an already overcharged first-degree murder and state terror case is highly unusual and raises serious constitutional and statutory double jeopardy concerns.”
“We are ready to fight these charges in whatever court they are brought,” Agnifilo added.
Danielle Filson, a spokesperson for Manhattan District Attorney Alvin Bragg, said, “The state case will proceed in parallel with any federal case.”
Mangione, 26, is accused of gunning down Thompson outside a Hilton hotel on Dec. 4 as the UnitedHealthcare CEO headed to an investors conference. Prosecutors alleged Mangione waited nearly an hour for Thompson to arrive.
A Manhattan grand jury upgraded charges against Mangione to include first-degree murder in furtherance of terrorism, prosecutors announced Tuesday.
The killing in the heart of Midtown Manhattan was “intended to evoke terror,” Bragg said.
In New York, Mangione is also charged with two counts of second-degree murder, one of which is charged as killing as an act of terrorism; two counts of criminal possession of a weapon in the second degree; four counts of criminal possession of a weapon in the third degree; one count of criminal possession of a weapon in the fourth degree; and one count of criminal possession of a forged instrument in the second degree.
In Pennsylvania, where Mangione was arrested on Dec. 9 after nearly a week on the run, he faces charges including allegedly possessing an untraceable ghost gun. Mangione had a 9 mm handgun with a 3D-printed receiver, a homemade silencer, two ammunition magazines and live cartridges when apprehended, prosecutors said.
Mangione’s case in Pennsylvania will be kept active; at the conclusion of his trial in New York, prosecutors would determine how to proceed, Blair County District Attorney Peter Weeks said on Thursday.
Mangione’s next hearing in Pennsylvania is scheduled for Feb. 24. This hearing may get postponed or be conducted as a remote Zoom appearance given the impracticality of returning Mangione to Pennsylvania for an in-person hearing, Weeks said.
This is a developing story. Please check back for updates.
In this screen grab from a video released by the San Dimas Sheriff’s Station, a tortoise was sucessfully rescued after the owner’s home was destroyed by fire. Via San Dimas Sheriff’s Station/Instagram
(LOS ANGELES) — A beloved pet tortoise has been found safe in the wake of California wildfires.
The rescue occurred after the family’s Altadena home was destroyed in the Eaton Fire, according to the San Dimas Sheriff’s Station.
In a video the station shared Saturday to Instagram, a deputy was seen bringing the 100-pound tortoise, Rocky, to safety.
Rocky was found in a hole in the family’s backyard, the sheriff’s office said.
The family can be heard cheering and celebrating as a deputy carried Rocky over to them.
“Yay! Rocky’s home!” a woman can be heard saying in the video.
ABC News has reached out to Rocky’s family for comment.
