Daniel Penny Trial Update: Openings Set To Start Now That Jurors Selected

Opening statements in the Daniel Penny trial are expected to start on Friday, after jury selection wrapped up.
Penny, a 25-year-old former Marine, is facing charges of second-degree manslaughter and negligent homicide. He is allegedly fatally choked 30-year-old Jordan Neely on a New York City subway in 2023. Neely, a well-known Michael Jackson impersonator, boarded the subway and reportedly began threatening people. Penny allegedly approached him from behind and placed him in a chokehold.
Neely was later pronounced dead at a hospital. His death was ruled a homicide by compression of the neck.
The jury consists of seven women and five men. There are four people of color on the jury.
Prosecutors filed a motion accusing the defense of eliminating potential jurors based on race.
Assistant District Attorney Dafna Yoran raised the accusation after the defense had used eight of their nine challenges to strike jurors that were people of color.
Thomas Kenniff, Penny’s lawyer, called the claim “outrageous.”
New York Supreme Court Justice Maxwell Wiley allowed the challenges but asked the defense to provide other reasons for striking jurors.
Yoran called the defense out again when they attempted to strike another person of color.
“If you look at the entirety of their behavior, race is playing a huge part of it,” she said.
Nine members of the jury said they have witnessed an “outburst” on the subway.
One woman on the jury said a man on the subway yelled and cursed at her and her friend.
The defense worked with high-profile jury consultant Jo-Ellan Dimitrius. Dimitrius has worked on cases involving O.J. Simpson, Rodney King and Kobe Bryant. She also helped select the jury for Kyle Rittenhouse’s trial in 2021. He was acquitted of first-degree intentional homicide and several other charges in the fatal shooting of two Black Lives Matter protesters in Wisconsin.
Prosecutors did not use a jury consultant, instead relying on research from paralegals to help with the selection process.
Jury selection in the high-profile trial started on Oct. 21.
The trial is expected to last between four and six weeks, according to Wiley.
Neely was known for performing as a Michael Jackson impersonator in Times Square, on subways and in subway stations.
His mother was murdered when he was 14 years old, which is when he began to struggle with his mental health.
He also struggled with homelessness and drug use.
Neely was honored by family, friends, elected officials and others at his 2023 funeral. Rev. Al Sharpton delivered the eulogy.
“When they choked Jordan, they put their arms around all of us,” Sharpton said. “All of us have the right to live.”
Protesters rallied in support of Neely outside of the courthouse during jury selection.
Penny, a former Marine sergeant, served as a rifleman to Camp Lejeune from 2017 to 2021.
He also deployed to the Mediterranean with the 22nd Marine Expeditionary Unit.
A legal defense fund created for Penny has raised over $3 million.
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