Report: Key witnesses in Daniel Penny, Jordan Neely case decline to assist DA Bragg's office.
An expert has stated that Penny's defense lacks the ability to persuade foreign witnesses to testify.
According to a local report, two European eyewitnesses to the altercation that resulted in the death of Jordan Neely and the manslaughter charges against New York City Marine infantry veteran Daniel Penny have returned home and declined to assist prosecutors from Manhattan District Attorney Alvin Bragg's office.
Next month, Penny, 25, will face trial for placing Neely, 30, in a chokehold on a cellphone video while other passengers assisted in May 2023.
Neely, a homeless man with a history of mental illness and violence, including the 2021 assault of a 67-year-old woman, threatened subway riders and behaved erratically before losing consciousness and dying.
The New York Post reported that the foreign witnesses spoke with investigators on conference calls but refused to cooperate or provide video of the incident, according to transcripts from a closed-door meeting with the judge and attorneys for both sides.
The European couple's testimony would be "incredibly favorable to the defense," according to Penny's lawyers, who declined to discuss the proceedings on Thursday.
Representatives for Bragg's office did not immediately respond to requests for comment.
"The judge informed the lawyers that the defendants have not shared the video they took and have refused to provide it to the DA or anyone else, and they are still refusing to testify."
It was unclear Thursday what the European couple's video might show.
In June 2023, prosecutors stated that they had already obtained five eyewitness videos and planned to introduce surveillance video as evidence in the case.
"According to Neama Rahmani, a former federal prosecutor in Los Angeles, Penny's defense team faces challenges in compelling a foreign national to provide evidence or testify in court. While international treaties like the Hague Convention allow for international service, in practice, judges cannot force European witnesses to comply with American subpoenas."
Many not guilty verdicts are obtained in self-defense cases, which are challenging to prosecute.
He stated that Penny's lawyers will have to rely on witnesses who have given evidence to law enforcement and prosecutors, reside in the state, and can be compelled to testify by the judge even if they are unwilling.
Some critics have accused Bragg of making a political decision by prosecuting Penny and believe that the veteran acted in self-defense and to safeguard other passengers.
In June 2023, Penny told Planet Chronicle Digital that if Neely had followed through on his threats, he would have taken someone's life.
Another witness expressed similar concerns.
""If it means going to jail or taking a bullet, I'll do it," Neely had allegedly said."
If convicted, Penny, who voluntarily spoke with police 11 days before charges were brought, could face up to 19 years in prison. His next court hearing is scheduled for Oct. 3.
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