Prosecutors claim defense seeks to smear Jordan Neely in subway case

In May 2023, Jordan Neely died after being placed in a chokehold by Daniel Penny aboard an F train in New York City. Penny, a former Marine, is facing charges of manslaughter and negligent homicide, with his trial set to begin on October 21. The defense argues that Penny acted to protect fellow passengers from Neely, who they claim was behaving aggressively due to his psychiatric issues and substance abuse, specifically K2. Prosecutors, however, contend that the defense's focus on Neely's psychiatric history is an attempt to tarnish his character and distract from the incident itself. They have filed a motion to exclude testimony from a forensic psychiatrist, Dr. Alexander Bardey, who would discuss Neely's history of K2 abuse and its potential impact on his behavior. The prosecution argues that this testimony is irrelevant and serves only to devalue Neely's life in the eyes of the jury. The assistant district attorney, Dafna Yoran, emphasized that numerous witnesses will testify about Neely's aggressive behavior during the incident, making the psychiatrist's input unnecessary. The defense maintains that understanding Neely's mental health and substance abuse history is crucial for the jury to comprehend the context of the confrontation. As the trial approaches, the case has garnered significant public attention, particularly given its timing just before an election. The outcome could have broader implications for discussions around mental health, public safety, and the use of force in self-defense situations.