Controversial Testimonies Emerge in Daniel Penny’s Trial for Jordan Neely’s Death

NEW YORK CITY – The trial of Daniel Penny, a Marine veteran accused of second-degree manslaughter in the death of Jordan Neely on a New York City subway, has sparked significant debate over the admissibility of certain testimonies and evidence. Defense attorneys for Penny are pushing to include expert testimony from forensic psychiatrist Dr. Alexander Bardey, aimed at explaining how Neely’s drug use and mental health issues could have influenced his behavior.

The defense team argues that Neely’s history of drug abuse and schizophrenia should be considered to understand his actions during the altercation. Despite resistance from the prosecution, who claim such testimony aims to «smear» Neely’s character, Dr. Bardey was called to the stand to provide insights into Neely’s mental health records. Bardey described Neely as having one of the most severe histories of paranoid schizophrenia he had encountered, with multiple hospitalizations and documented symptoms that sometimes included grandiose delusions.

Prosecutors, led by Manhattan District Attorney Alvin Bragg‘s office, maintain that Neely’s prior behavior is irrelevant to the trial unless it was known to Penny at the time of the incident. Lead prosecutor Dafna Yoran argued that introducing Neely’s psychiatric records serves only to detract from his humanity, and should not influence the jury’s perception of the value of Neely’s life. «It is black letter law in New York that a deceased victim’s prior bad acts are only admissible at trial if they were known to the defendant at the time of the crime,» Yoran stated in court filings.

Penny faces up to 15 years in prison if convicted. The defense suggests Neely’s alleged high usage of synthetic cannabinoids, known as K2, and his mental health conditions might have exacerbated his actions during the incident. They claim Penny acted in defense when Neely began threatening passengers, asserting that he did so without malicious intent. «The defense has the right to elicit information contained in Mr. Neely’s psychiatric records that demonstrate the pervasiveness of his K2 use, along with physiological behaviors,» said Penny’s attorney Thomas Kenniff.

Eyewitness testimonies described Neely as agitated and threatening, with Penny taking action to subdue him using a chokehold, which the forensic pathologist Dr. Cynthia Harris concluded was the cause of Neely’s death by asphyxiation. Dr. Bardey’s testimony also attempted to highlight how Neely’s untreated schizophrenia and substance abuse might have driven his erratic behavior, arguing the symptoms were profound enough to impact his actions severely.