Discussion:
Rider’s testimony puts the lie to DA’s cynical race-baiting in Daniel Penny trial
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a425couple
2024-11-07 23:19:33 UTC
Permalink
from
https://nypost.com/2024/11/05/opinion/riders-testimony-puts-the-lie-to-das-cynical-race-baiting-in-daniel-penny-trial/

Rider’s testimony puts the lie to DA’s cynical race-baiting in Daniel
Penny trial
By Post Editorial Board
Published Nov. 5, 2024, 7:13 p.m. ET

Former U.S. Marine Daniel Penny returns to the Manhattan Criminal
Courtroom after a break for jury selection in his trial for the death of
Jordan Neely.
REUTERS
Daniel Penny has been smeared as a vigilante and a racist, but the truth
is slowly being revealed at his trial: The Marine vet tried to do the
right thing and protect others in an impossible situation — and got
arrested and charged with manslaughter for it.

On May 1, 2023, mentally ill homeless man Jordan Neely charged onto an F
Train and began ranting at his captive fellow passengers.

Witnesses have said that Neely claimed he “didn’t care about going back
to jail” and ominously warned that “someone is going to die today”
before Penny put him into a hold to subdue him, which led to Neely’s
death after police arrived.

Should Daniel Penny be found not guilty?
The prosecution wants jurors to believe that Penny was overzealous, that
he overreacted to Neely’s threats.

Most of all, the DA’s office wants to remind jurors that Penny is white
and Neely was black, as Assistant DA Jillian Shartrand did when she
repeatedly referred to Penny as “the white man” in court.

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The intent of that is obvious: Make this case about race, not safety.

But the prosecution’s own first witness threw cold water on that cynical
tactic.

On Monday, high-school student Ivette Rosario, who caught a shaky video
of the encounter as she trembled with fear, testified that Neely’s
menacing made her so nervous she thought she was “going to pass out,”
and noted: “I’ve been in situations on the train where stuff was said,
but not like this.”

Rosario thought she was in real danger, as many others on that train
likely did.

That was what made Penny leap into action, not his skin color or Neely’s.

Neely’s story is a tragic one: He had a history of mental illness and
was even hospitalized under a plea deal in an assault case, yet was
allowed to sign himself out of inpatient treatment.

If there’s a villain in this case, it’s the inept and hands-off
mental-health system that let Neely be on the streets that day, instead
of in a psychiatric bed.

It’s a justice system that cares more about race than keeping New
Yorkers (of all races) safe.

Rosario made another important point for the defense: Even though in her
video, other passengers can be heard telling Penny to let go of Neely,
she said she didn’t hear the protests “in the moment” on the train.

Likely because it was a chaotic, harrowing situation that no one on that
train car should have been in.

We’ll never know if Neely would have followed through on the threats he
made on the train that day, but one thing’s for sure: The city’s refusal
to do its job led to Neely’s death.

Gotham’s broken mental-health system and loony leftism should be on
trial, not Daniel Penny.

Filed under daniel penny editorial homelessness jordan neely mental
illness subway trials 11/5/24
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a425couple
2024-11-07 23:23:03 UTC
Permalink
Post by a425couple
from
https://nypost.com/2024/11/05/opinion/riders-testimony-puts-the-lie-to-
das-cynical-race-baiting-in-daniel-penny-trial/
Rider’s testimony puts the lie to DA’s cynical race-baiting in Daniel
Penny trial
By Post Editorial Board
Published Nov. 5, 2024, 7:13 p.m. ET
Former U.S. Marine Daniel Penny returns to the Manhattan Criminal
Courtroom after a break for jury selection in his trial for the death of
Jordan Neely.
REUTERS
Daniel Penny has been smeared as a vigilante and a racist, but the truth
is slowly being revealed at his trial: The Marine vet tried to do the
right thing and protect others in an impossible situation — and got
arrested and charged with manslaughter for it.
On May 1, 2023, mentally ill homeless man Jordan Neely charged onto an F
Train and began ranting at his captive fellow passengers.
Witnesses have said that Neely claimed he “didn’t care about going back
to jail” and ominously warned that “someone is going to die today”
before Penny put him into a hold to subdue him, which led to Neely’s
death after police arrived.
comments include

Donald Adams
1 day ago

The most vulnerable of possible victims was on board that train: a
mother with her baby.

The defense needs to stress that in their closing arguments, especially
if that mother is a witness giving testimony.

The more I read up on this, the more I realize that Neely was not the
victim. All the people on that train terrorized by Neely were victims,
including Penny.

I hope the defense wins this for Penny.


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183

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joseph higgins
1 day ago

Donald Adams The defense attorneys, Thomas Kinnif, et. al., need to get
introduced into evidence that Neely was on K2 and all the consequences
of someone being on K2, and that Neely still had a pulse when EMT
arrived. If that evidence is introduced, then the jurors will have a
concrete platform to show that reasonable doubt exists for all counts.

"...A mother with her baby..." being on the train just plays to emotions
and is vulnerable to subjectivity. That should not be the core part of
the defense. A juror will not be able to convince the other jurors that
the defendant, Penny, is not guilty with such a paltry defensive argument.


Reply

49

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1 reply
joseph higgins
1 day ago

Donald Adams The other riders were not victims, per se. Penny's actions
are covered under PENAL LAW 35.15. Other posters are focusing that Neely
did not have a gun, a knife, or assaulted him or anyone else - those are
not prerequisites for Penny being justified to take action.

Whether or or not a mother, child, baby were threatened is irrelevant.


Reply

19

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3 replies
AmyLee
1 day ago

His family is also to blame, they let him down by giving up on him and
only was he a beloved family member when they realized the payout they
could get. It’s sick and a reason progressive policies have hurt the
same people they claim to help. But I hope the family looks at
themselves in the mirror and realizes that the city failed them but that
they also played a role in his death by not getting him the support he
needed.

Reply

74

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Mary Poppins
1 day ago

Only after he’s dead the family wants something done
Tom Turkey
2024-11-08 00:01:02 UTC
Permalink
Post by a425couple
Daniel Penny has been smeared as a vigilante and a racist, but the truth
is slowly being revealed at his trial: The Marine vet tried to do the
right thing and protect others in an impossible situation — and got
arrested and charged with manslaughter for it.
He just had to strike his palm into the nose of Neely to disable him.
Choking him out was excessive and uncalled for. I'm a vet myself and I
know that doesn't give me a license to choke someone out.


IMHO.
a425couple
2024-11-09 16:17:06 UTC
Permalink
Post by Tom Turkey
Post by a425couple
Daniel Penny has been smeared as a vigilante and a racist, but the truth
is slowly being revealed at his trial: The Marine vet tried to do the
right thing and protect others in an impossible situation — and got
arrested and charged with manslaughter for it.
He just had to strike his palm into the nose of Neely to disable him.
Choking him out was excessive and uncalled for. I'm a vet myself and I
know that doesn't give me a license to choke someone out.
Post by a425couple
IMHO.
We might do many things differently than what Daniel Penny did.

But those are not the question now.
The jury has to chose to convict him for acting, or accept
that there is reasonable doubt that he did not do a crime.

Sure, as a retired police Lt., I believe Penny should have
done differently in easing up when resistance stopped.
However,
I think it sends us to a real dark place if he gets convicted.
Governor Swill
2024-11-14 00:09:59 UTC
Permalink
Post by a425couple
Post by Tom Turkey
Post by a425couple
Daniel Penny has been smeared as a vigilante and a racist, but the truth
is slowly being revealed at his trial: The Marine vet tried to do the
right thing and protect others in an impossible situation — and got
arrested and charged with manslaughter for it.
He just had to strike his palm into the nose of Neely to disable him.
Choking him out was excessive and uncalled for. I'm a vet myself and I
know that doesn't give me a license to choke someone out.
Post by a425couple
IMHO.
We might do many things differently than what Daniel Penny did.
But those are not the question now.
The jury has to chose to convict him for acting, or accept
that there is reasonable doubt that he did not do a crime.
Sure, as a retired police Lt., I believe Penny should have
done differently in easing up when resistance stopped.
However,
I think it sends us to a real dark place if he gets convicted.
Down South where I come from, the law looked at this like

1) black kills a White, that's murder
2) White kills a black, that's justifiable homicide;
3) black kills a black, that one less nigger
Citizen Winston Smith
2024-11-14 18:18:00 UTC
Permalink
Post by Governor Swill
Post by a425couple
Post by Tom Turkey
Post by a425couple
Daniel Penny has been smeared as a vigilante and a racist, but the truth
is slowly being revealed at his trial: The Marine vet tried to do the
right thing and protect others in an impossible situation — and got
arrested and charged with manslaughter for it.
He just had to strike his palm into the nose of Neely to disable him.
Choking him out was excessive and uncalled for. I'm a vet myself and I
know that doesn't give me a license to choke someone out.
Post by a425couple
IMHO.
We might do many things differently than what Daniel Penny did.
But those are not the question now.
The jury has to chose to convict him for acting, or accept
that there is reasonable doubt that he did not do a crime.
Sure, as a retired police Lt., I believe Penny should have
done differently in easing up when resistance stopped.
However,
I think it sends us to a real dark place if he gets convicted.
Down South where I come from,
No Rudence, you come from Scukramento, Ca.

The original Swill died of AIDS complications years ago.

Your frauds are DONE:

You are a rampant public death threat maker and Suckramento dwarf named
Jonathan D Ball.

FOAD, you traitor to America~!

Governor Swill /Rudy Canoza/Lou Bricano/J Carlson/Michael A
Terrell/Chris Ahlstrom/D.Ray/Henry Bodkin/Al Feldhauser and a dozen
other forged socks of living and dead posters wrote:

Multiple death threats against Trump:
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Oh poor me I got shot at ...

Swill
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Cheer up, maybe someone else will try.

Swill

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Post by Governor Swill
No. I am a patriotic American who wants the country and its people to
thrive. Getting rid of Trump permanently
Post by Governor Swill
is an important step to getting there.
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That constitutes a DEATH THREAT against a former President, Rudey:


https://www.law.cornell.edu/uscode/text/18/871
18 U.S. Code § 871 - Threats against President and successors to the
Presidency
U.S. Code
Notes
prev | next
(a)Whoever knowingly and willfully deposits for conveyance in the mail
or for a delivery from any post office or by any letter carrier any
letter, paper, writing, print, missive, or document containing any
threat to take the life of, to kidnap, or to inflict bodily harm upon
the President of the United States, the President-elect, the Vice
President or other officer next in the order of succession to the office
of President of the United States, or the Vice President-elect, or
knowingly and willfully otherwise makes any such threat against the
President, President-elect, Vice President or other officer next in the
order of succession to the office of President, or Vice President-elect,
shall be fined under this title or imprisoned not more than five years,
or both.
(b)The terms “President-elect” and “Vice President-elect” as used in
this section shall mean such persons as are the apparent successful
candidates for the offices of President and Vice President,
respectively, as ascertained from the results of the general elections
held to determine the electors of President and Vice President in
accordance with title 3, United States Code, sections 1 and 2. The
phrase “other officer next in the order of succession to the office of
President” as used in this section shall mean the person next in the
order of succession to act as President in accordance with title 3,
United States Code, sections 19 and 20.
(June 25, 1948, ch. 645, 62 Stat. 740; June 1, 1955, ch. 115, § 1, 69
Stat. 80; Pub. L. 87–829, § 1, Oct. 15, 1962, 76 Stat. 956; Pub. L.
97–297, § 2, Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103–322, title
XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

9-65.200 - Threats Against the President and Successors to the
Presidency; Threats Against Former Presidents; and Certain Other Secret
Service Protectees
The Counterterrorism Section of the National Security Division has
supervisory authority over 18 U.S.C. §§ 871 and 879 cases. As great
caution must be taken in matters relating to the security of the persons
protected by 18 U.S.C. § 871, United States Attorneys are encouraged to
consult with the Counterterrorism Section (CTS) of the National Security
Division when they have doubts on the prosecutive merit of a case. For
the same reason, dismissal of complaints under 18 U.S.C. § 871, when the
defendant is in custody under the Mental Incompetency Statutes (18
U.S.C. §§ 4244, 4246), requires approval from CTS. In other cases,
United States Attorneys must consult prior to dismissing a count
involving, or entering into any sentence commitment or other case
settlement involving a § 871 charge.


https://www.secretservice.gov/newsroom/releases/2024/01/phoenix-man-arrested-making-online-death-threats-against-president-and

PHOENIX –David Michael Hanson, 41, of Phoenix, was arrested on Wednesday
for making online threats against the President and Vice-President.
Hanson was charged by Federal criminal complaint on Tuesday with five
counts of Threats Against the President and Successors to the Presidency
and five counts of Interstate Communication of Threats.

The complaint alleges that in November and December of 2023, while
living in Arizona, Hanson used a social media platform to post threats
to murder the President and Vice President of the United States. On
November 19, 2023, Hanson posted online a series of threatening
statements including one that stated, “#joeAndKamala I’m asking you to
resign on Monday your alternative is death brutally murdered.” After the
U.S. Secret Service spoke to Hanson and warned him that it was a Federal
crime to post such threats, on December 23, 2023, Hanson posted another
series of similar threats aimed at the President and Vice-President.

Each count of Threats Against the President and Successors to the
Presidency carries a maximum sentence of five years in prison, a fine of
up to $250,000, and up to three years of supervised release. Each count
of Interstate Communication of Threats carries a maximum sentence of
five years in prison, a fine of up to $250,000, and up to three years of
supervised release.

A complaint is simply a method by which a person is charged with
criminal activity and raises no inference of guilt. An individual is
presumed innocent until evidence is presented to a jury that establishes
guilt beyond a reasonable doubt.

The United States Secret Service is conducting the investigation in this
case. The United States Attorney’s Office, District of Arizona, is
handling the prosecution.


Those can be reported here:

https://tips.fbi.gov/home

https://www.justice.gov/action-center/report-crime-or-submit-complaint

https://www.secretservice.gov/contact

https://www.dhs.gov/see-something-say-something/reporting/california


Fellow citizens, won't you join in ending Rudey's terrorism here?

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