A European couple who videotaped the subway chokehold demise of Jordan Neely might be “extremely favorable” to ex-Marine Daniel Penny’s protection at his upcoming trial, his attorneys say — however the thriller lovebirds have refused to testify.
Manhattan Supreme Courtroom Justice Maxwell Wiley revealed Monday that the 2 European eyewitnesses have rebuffed prosecutors’ bid to get them to show over the footage and return to the town for Penny’s trial subsequent month, based on a transcript obtained by The Publish.
The couple “apparently took a video of the incident, and since that point have declined to testify within the Grand Jury, and have gone again to their house, which apparently is in Europe someplace,” the choose mentioned throughout a lawyers-only convention.
“They’ve to this point refused to share the video that they took,” the choose added. “They refused to share it with the DA, or with anybody else, and they’re to this point refusing to return again to testify.”
The vacationers have have carried out a few video conferences with the Manhattan District Lawyer’s workplace, however have but to agree to totally cooperate, the choose mentioned.
No clarification was supplied for why the husband and spouse are refusing handy over the footage or testify within the controversial case. It’s unclear the place in Europe they’re from.
Penny, who was not in court docket Monday, faces expenses of second-degree manslaughter and criminally negligent murder for the caught-on-camera confrontation that left Neely useless on the ground of a F practice subway automotive in Might 2023.
The previous infantry squad chief has repeatedly mentioned he didn’t imply to kill Neely, a homeless former Michael Jackson impersonator who had battled psychological sickness within the years main as much as his demise.
However Penny felt like he wanted to step in to guard fellow straphangers from Neely, who witnesses say was tossing rubbish and screaming that he was keen to “kill a motherf–ker” and go to jail, based on his attorneys.
Penny’s lawyer, Thomas Kenniff, mentioned that the European couple’s testimony might be key to Penny’s protection — and that if the matter isn’t settled quickly, it may pose a “very severe concern” earlier than jury choice kicks off in late October.
Utilizing a phrase to explain worthwhile proof, Kenniff mentioned that the couple’s testimony wouldn’t solely be “probative,” however would even be “extremely favorable to the protection, or no less than sure components of it.”
The vacationers’ account of the episode might be “perhaps extra probative than any testimony of the problems which might be going to be at concern on this trial,” the lawyer added.
Attorneys have been requested by the choose in the event that they’d be open to the couple testifying remotely from Europe — however Penny’s attorneys are hopeful that the couple will come testify in individual.
“I actually don’t have — we actually don’t have the means of constructing that occur. Whether or not the Individuals do or not, I suppose, is a query of worldwide legislation, and the Hague, and so forth,” mentioned Kenniff, in a reference to the Worldwide Courtroom of Justice within the Netherlands.
It’s unclear what the couple’s video will present or the way it may arguably be useful to Penny.
Prosecutors are in possession of different video exhibiting Neely’s demise, court docket information present.
Penny’s lawyer declined to remark when requested concerning the European couple.
Jury choice within the case is about to start on round October 21 and the trial is anticipated to final for a number of weeks up till the court docket’s Christmas break on December 20, based on the choose.
Penny faces as much as 19 years behind bars if convicted within the case.
He’s due again in court docket on October 3.