European couple"s video could aid Daniel Penny in NYC subway case

A European couple who filmed the chokehold death of Jordan Neely on a New York City subway may provide crucial evidence for Daniel Penny's defense in his upcoming trial. Despite their potential importance, the couple has declined to testify or share their footage with prosecutors, returning to their home in Europe. This refusal has raised concerns among Penny's legal team, who believe the couple's testimony could significantly impact the case, especially given the nature of the incident and the charges against Penny. Manhattan Supreme Court Justice Maxwell Wiley noted that the couple had participated in video meetings with the Manhattan District Attorney's office but had not agreed to cooperate fully. The couple's video could offer insights into the confrontation that led to Neely's death, which occurred in May 2023 when Penny intervened during a chaotic situation involving Neely, a homeless man with a history of mental illness. Penny faces serious charges, including second-degree manslaughter and criminally negligent homicide, and could face up to 19 years in prison if convicted. His attorneys argue that the couple's account may be more probative than other evidence available to the prosecution. They are hopeful that the couple will eventually agree to testify in person rather than remotely, as this could enhance the credibility of their defense. As jury selection approaches, the urgency for the couple's cooperation increases. The trial is expected to begin around October 21 and could last until December 20, highlighting the critical nature of the couple's potential testimony in shaping the outcome of the case against Penny.