Manhattan DA Alvin Bragg may face a malicious prosecution lawsuit from Daniel Penny's defense team.

Attorney claims 'collusion' in rushed Jordan Neely case.

Manhattan DA Alvin Bragg may face a malicious prosecution lawsuit from Daniel Penny's defense team.
Manhattan DA Alvin Bragg may face a malicious prosecution lawsuit from Daniel Penny's defense team.

After being acquitted in the chokehold death of Jordan Neely, lawyers for Marine veteran Daniel Penny are considering filing a malicious prosecution lawsuit against Manhattan District Attorney Alvin Bragg, who indicted their client shortly after his release and unsuccessfully tried to convince a jury of his guilt.

Neely, 30, threatened to kill passengers on a subway car and was held in a headlock by Penny, 26, who called 911. By the time police arrived, Neely had lost consciousness and never woke up.

"Attorney Steven Raiser stated on "Fox & Friends" on Wednesday morning that it's not just about breaking the law, but also about crossing ethical boundaries and not behaving as expected in your office."

Daniel penny buttons his suit jacket as he walks up to court, flanked my his legal team and supporters
Daniel Penny arrives at Manhattan Criminal Court in New York City on Thursday, Dec. 5, 2024. (Adam Gray for Planet Chronicle Digital)

Bragg allegedly pushed for an arrest to protect his image rather than the public.

"If an arrest wasn't made promptly, there was a possibility of rioting in the streets, which could negatively impact District Attorney Alvin Bragg's re-election."

Dr. Jason Graham, New York City's chief medical examiner, could also be named in the lawsuit, as he signed off on Neely's cause of death as a homicide by strangulation before toxicology results had come back.

Manhattan District Attorney Alvin Bragg walks in the hallways of Manhattan Supreme Court
Manhattan District Attorney Alvin Bragg arrives at Daniel Penny’s trial following a lunch break at the Manhattan Supreme Criminal Court building in New York City on Monday, Dec. 2, 2024. (Julia Bonavita/Planet Chronicle Digital)

"He was appointed by Mayor Eric Adams, who is the same political party as Alvin Bragg," he said. "There was collusion there, and, I mean, the collusion began from the very beginning of this case and all the way through. The district attorney needed the medical examiner and needed the medical examiner to act quickly, and he did just that."

Prosecutor Dafna Yoran departs Daniel Penny’s trial at the Manhattan Supreme Criminal Court building
Prosecutor Dafna Yoran departs Daniel Penny’s trial at the Manhattan Supreme Criminal Court building in New York City on Monday, Dec. 2, 2024. (Julia Bonavita/Planet Chronicle Digital)

In the trial, Penny's lawyers contended that the politically charged case contained racial undertones, as emphasized by Assistant Manhattan District Attorney Dafna Yoran, who also prosecuted the city's first "restorative justice" case on a homicide charge, resulting in a 10-year sentence for someone who killed an elderly retiree for $300.

Jordan Neely is pictured before going to see the Michael Jackson movie
Jordan Neely is pictured before going to see the Michael Jackson movie, "This is It," outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square in New York City in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

"Raiser criticized the office's decision to prosecute his client, who had committed a laudable act and was a fine young man, despite the fact that some brutal cases of an individual attacking an 80-year-old man had been extensively put out there."

Despite the resolution of the criminal case, Penny remains involved in a civil lawsuit brought forth by Neely's father.

Jordan Neely's dad, Andre Zachary in court for the Daniel Penny trial
Jordan Neely’s father, Andre Zachary, arrives at Manhattan Supreme Court on Thursday, Dec. 5, 2024. (Rashid Umar Abbasi for Planet Chronicle Digital)

A Long Island native, Penny, a Marine veteran who received a humanitarian award for assisting hurricane victims, was described by friends as composed and compassionate during trial testimony.

He was involved in both lacrosse and his school's orchestra as a teenager, while also working two jobs and studying architecture at the New York City College of Technology after his honorable discharge.

At the time of his death, Neely had an extensive criminal record and an outstanding arrest warrant. He was under the influence of K2, a type of synthetic marijuana, and was diagnosed with schizophrenia.

Testimonies revealed that Neely's threats were more frightening than a typical subway outburst. Witnesses were grateful for Penny's intervention.

by Michael Ruiz

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