Bragg's office vies to suppress Jordan Neely's drug abuse, psyche records in Marine vet's chokehold trial

NEW YORK – Defense attorneys for Marine seasoned Daniel Penny, connected proceedings successful New York City for the subway chokehold decease of Jordan Neely, privation to telephone a forensic psychiatrist to the witness stand to explicate however the effects of the latter's cause maltreatment and intelligence wellness issues whitethorn person impacted "the grade of hostility that Mr. Neely exhibited."

Manhattan District Attorney Alvin Bragg's Office doesn't privation the assemblage seeing that grounds oregon proceeding adept grounds from Dr. Alexander Bardey.

Tuesday's tribunal league began with lawyers for some sides conferencing with the judge. 

"The psychiatrist’s grounds and the unredacted psychiatric records are inadmissible and their suggested instauration is simply a transparent effort by the defence to smear the victim’s quality truthful that the assemblage volition devalue his life," authoritative Dafna Yoran argued successful tribunal filings.

DANIEL PENNY TRIAL RESUMES WITH THIRD DAY OF TESTIMONY FROM MEDICAL EXAMINER, QUESTIONS OVER CAUSE OF DEATH

Daniel Penny arrives astatine Manhattan Supreme Court, successful New York, NY connected Monday, Nov. 18, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Adam Gray for Fox News Digital)

She did not privation jurors to perceive astir Neely's past, claiming the accusation is "impermissible." 

"It is achromatic missive instrumentality successful New York that a deceased victim’s anterior atrocious acts are lone admissible astatine proceedings if they were known to the suspect astatine the clip of the crime," she wrote.

The defence countered that cause usage is exempt from this regularisation due to the fact that adjacent if idiosyncratic doesn't cognize astir it successful advance, the effects are clear.

But the defence counters that owed to the deficiency of specifics astir the dose of synthetic marijuana recovered successful Neely's strategy successful his toxicology report, Dr. Bardey's grounds is simply a necessity.

MEDICAL EXAMINER SAYS SUBWAY MADMAN HAD DRUGS IN SYSTEM IN MARINE VET'S CHOKEHOLD TRIAL

Jordan Neely is pictured earlier going to spot the Michael Jackson movie, "This is It," extracurricular the Regal Cinemas connected 8th Ave. and 42nd St. successful Times Square, New York, successful 2009.  (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

"The constricted toxicology, and the varying accounts of eyewitnesses, signifier lone a partial narrative," Penny lawyer Thomas Kenniff wrote successful a tribunal filing. "The defence has the close to elicit accusation contained successful Mr. Neely’s psychiatric records that show the pervasiveness of his K2 use, on with physiological behaviors helium routinely manifested portion connected K2.

"Expert grounds successful this respect tends to enactment 2 applicable facts: Mr. Neely was utilizing K2 astatine the clip of this incident, not simply successful the days oregon weeks before, and was evincing the behaviors of idiosyncratic experiencing a K2 high."

DANIEL PENNY THOUGHT HE WAS PROTECTING A DIVERSE SUBWAY CAR, BUT PROSECUTORS HIGHLIGHT RACIAL UNDERTONES

Screenshot from bystander video showing Jordan Neely being held successful a chokehold connected the New York City subway.  (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

Penny, 26, faces up to 15 years successful situation if convicted connected the apical complaint of manslaughter. He besides faces a lesser complaint of criminally negligent homicide for the decease of Neely, a 30-year-old stateless antheral with a past of intelligence wellness outbursts, cause maltreatment and transgression behavior, immoderate of which took spot connected the subway.

The defence was expected to telephone Dr. Bardey to the basal Tuesday, arsenic good arsenic quality witnesses who served successful the Marine Corps alongside Penny, who enlisted aft precocious schoolhouse and was studying architecture astatine the clip of his deadly brushwood with Neely past May.

Neely barged onto the train, threw his overgarment connected the crushed and started shouting decease threats, telling straphangers helium didn't attraction if helium went to situation for life.

During the outburst, Penny placed him successful a chokehold and wrestled him to the crushed arsenic witnesses called 911. Another rider helped Penny restrain him until constabulary arrived.

When they fto go, Neely inactive had a pulse, but the forensic pathologist who conducted his autopsy, Dr. Cynthia Harris, testified that it's mean for someone's bosom to support beating for immoderate clip adjacent if they've been choked to death.

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In her autopsy, she ruled that Neely's decease was caused by asphyxiation from the chokehold.

Penny's squad has maintained that Neely's decease was justified defense. Prosecutors accidental it was unintentional but criminally reckless oregon negligent.