Scared passengers and cellphone searches: what records show about NYC subway chokehold case
New court documents provide a window into both sides of the legal case against Daniel Penny, the Marine Corps veteran accused of
In recent months, attorneys on both sides of the case have been turning over evidence and filing motions in the case, arguing over what materials should be seen and heard by a jury if no plea deal is reached and the case goes to trial. A judge has ordered discovery materials in this case to be kept under seal, which sometimes happens in high-profile cases to prevent sensitive information from leaking to the public and potentially tainting the jury pool. That means many of the details about what happened on the subway that day and the lives both Neely and Penny led before their chance encounter are still unknown.
The DA’s office has also delved into Penny’s history, according to the discovery log, which lists his education records, social media searches, phone searches and military records. The defense could ask those witnesses to testify at trial, with the aim of convincing jurors that Penny and others on the subway felt threatened.
Two defense attorneys who are not connected to the case said the motion is a routine filing that is unlikely to result in the case’s dismissal.
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