Daniel Penny arriving and leaving court on March 20
A European couple who videotaped the subway chokehold death of Jordan Neely could be “incredibly favorable” to ex-Marine Daniel Penny ’s defense Manhattan Supreme Court Justice Maxwell Wiley revealed Monday that the two European eyewitnesses have rebuffed prosecutors’ bid to get them to turn over the footage and return to the city for Penny’s trial next month, according to a transcript obtained by The Post.
No explanation was provided for why the husband and wife are refusing to hand over the footage or testify in the controversial case. It’s unclear where in Europe they are from. But Penny felt like he needed to step in to protect fellow straphangers from Neely, who witnesses say was tossing garbage and screaming that he was willing to “kill a motherf–ker” and go to jail, according to his lawyers.
Attorneys were asked by the judge if they’d be open to the couple testifying remotely from Europe — but Penny’s attorneys are hopeful that the couple will come testify in person.
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