Delphi murder trial: No DNA ties suspect or anyone else to crime scene, expert says
Alex Perez/ABC News
(Delphi, IND) — No DNA was found at the site of the Delphi, Indiana, double murders to tie the suspect, Richard Allen, or anyone else to the crime scene, a forensic scientist testified Monday during Allen’s trial.
Best friends Libby German, 14, and Abby Williams, 13, were walking along a hiking trail in rural Delphi when they were stabbed to death and left in the woods on Feb. 13, 2017. Allen was arrested in 2022 and has pleaded not guilty to murder.
Rape kits were performed on Abby and Libby; no semen was found and there was no DNA evidence the girls were sexually assaulted, Indiana State Police forensic scientist Stacy Bozinovski said on the stand Monday.
Some swabs showed a possible presence of male DNA, Bozinovski said, but the amount was insufficient, and she told the court she didn’t do a confirmatory test because she wanted to make the most of the sample.
Bozinovski noted that she did find male DNA in genital swabs and fingernails, but she said that is not entirely unusual because it could have come from shared clothing. She said it yielded very little DNA.
Bozinovski said hair found in Abby’s hand matched Libby’s sister.
According to police analysis, a .40-caliber unspent round discovered by the girls’ bodies came from Allen’s gun.
Bozinovski said she tested the unspent round found at the crime scene, but the DNA found on the cartridge was insufficient for further testing.
Allen has admitted to being on the trail the day the girls were killed but he denies any involvement in the murders.
(NEW YORK) — Closing arguments began Monday in the trial of Daniel Penny over the May 2023 subway chokehold death of Jordan Neely.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Neely entered a subway car on an uptown F train at the Second Avenue stop, and was described by witnesses as yelling and moving erratically when Penny put Neely in a chokehold, officials said.
Penny is charged with manslaughter and negligent homicide in Neely’s death. He pleaded not guilty.
He faces up to 15 years in prison if he’s convicted of manslaughter. There is no minimum sentence.
The proceedings began late so the defense could fix two audio exhibits. The prosecutors alleged the defense had “willy nilly edited” the audio and “taken out what they don’t like.” Assistant District Attorney Dafna Yoran said it would be misleading for the jury to hear an edited excerpt.
The judge agreed, and the defense recut the exhibits, so jurors were clear they were hearing edited portions.
The delay means the jury will likely not begin deliberations until Tuesday. If necessary, the judge asked jurors to consider continuing their deliberations Wednesday, when the trial did not sit.
The defense’s closing arguments
The defense attorney, Steven Raiser, asked jurors in closing arguments to imagine they were on the train that day, conjuring the scene with sound effects of closing doors, a train pulling out of a station and police body camera footage of passengers saying Neely “scared the living daylights out of everybody.”
A “violent and desperate” Jordan Neely entered the uptown F train on May 1, 2023, “filled with rage and not afraid of any consequences,” causing passengers to be “frozen with fear” before Daniel Penny “acted to save those people,” a defense attorney said Monday during closing arguments at Penny’s manslaughter and negligent homicide trial.
In its summation, the defense challenged the prosecution’s assertion that Penny held Neely in a chokehold for “way too long,” and did not let go for almost six minutes. Raiser said Penny did not intend to kill Neely but did not let go because Neely was fighting back.
“Of course, he didn’t. He had to remain in place out of fear that Neely would break free,” Raiser said.
The city’s medical examiner concluded Penny’s chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
Defense attorney Steve Raiser argued that Penny “was not applying a textbook Marine blood choke because his purpose was not to render Mr. Neely unconscious,” Raiser said. Raiser said Penny applied a chokehold “in a less aggressive manner,” reflecting his character.
“He could have squeezed Mr. Neely to unconsciousness,” Raiser said. “Instead, he laid with him on the dirty subway floor while the smell of uncleanliness…and feces enveloped him.”
The defense summation included an image of the two men on the subway floor: “It’s basic human instinct to grab at the arm choking you. You don’t see that here because Danny’s not choking him,” Raiser said.
Raiser argued Penny was not applying pressure on Neely’s neck in the hold’s final 51 seconds and the whole case represented a rush to judgment: “This was not a chokehold death,” Raiser said. “They failed to prove their case, period.”
During the trial
During the trial, prosecutors argued that Penny went “way too far,” holding Neely around the neck for nearly six minutes, past the point when he posed a threat. About 30 seconds after Penny put Neely in the chokehold, the train arrived at the next station and many passengers left the train car, according to court filings.
Footage of the interaction between Penny and Neely, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.
Prosecutors argue that Penny should have known that his minutes-long chokehold was turning fatal.
Witness accounts of Neely’s behavior that day differ.
In court filings, some passengers described their fear. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people,” according to court filings.
Other passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”
(NEW YORK) — An American Airlines flight departing New York’s LaGuardia Airport on Thursday evening had to divert to nearby John F. Kennedy International shortly after takeoff after a reported bird strike caused damage to one of the aircraft’s engines.
The aircraft, powered by its second engine, landed safely and without incident shortly after 8 p.m., the Port Authority New York and New Jersey said. There were no reported injuries.
“The aircraft landed safely at JFK where it will be inspected by our maintenance team,” American said in a statement. “We are grateful to our crew for their professionalism and apologize to our customers for the inconvenience this may have caused.”
Charlotte, North Carolina-bound flight 1722 had 190 passengers and six crew members on board. The aircraft was an Airbus A321. Passengers were expected to board another flight to Charlotte on Friday morning.
(DENVER) — More than 700 homes were under evacuation orders near the town of Divide, Colorado, as a wildfire burned uncontained nearby, local law enforcement said Monday.
The so-called Highland Lake Fire had burned about 90 acres by 7 p.m. on Monday and was completely uncontained, Teller County Sheriff Jason Mikesell told reporters during a news conference.
A local disaster emergency was declared. One structure had been destroyed by Monday evening, the county said in an update.
“You’re going to see everybody throw everything we possibly can at this thing, starting early in the morning,” Mikesell said.
The sheriff’s office was requesting the aid of multiple agencies around the surrounding region, as they were expecting high winds, which may help the fire spread amid red flag conditions. Those winds were expected to be sustained at about 20 mph overnight, before strengthening to about 50 mph on Tuesday, he said.
The evacuation area included Cedar Mountain North to Golden Bell, Wayward Wind, Snowhill, Aspen Village, Broken Wheel, Alpine View, Beaver Lake Circle, Beaver Lake Placeand Star View Trail, the county said.
More homes were expected to be evacuated, Mikesell said.
“We’ll have more of an assessment tomorrow, but we want to get on this fire very quickly and be super aggressive with it,” he said.
