Jurors In Daniel Pen­ny Case Review Cru­cial Video Evi­dence In Ongo­ing Delib­er­a­tions

No mat­ter what side peo­ple were on regard­ing Daniel Penny’s guilt in the death of Jor­dan Neely, many believed a ver­dict would come quick­ly.

That hasn’t hap­pened, and jurors are enter­ing their sec­ond full day of delib­er­a­tions on Thurs­day. Since delib­er­a­tions began, the jurors have asked to review key pieces of evi­dence, includ­ing three videos tied to the case, Fox 5 New York report­ed.

Pen­ny is charged with sec­ond-degree manslaugh­ter and a less­er charge of crim­i­nal­ly neg­li­gent homi­cide. Jurors can find him guilty of one of the charges, or acquit him of all charges.

On Wednes­day, jurors asked to review body cam footage from police tak­en as they arrived at the scene after Pen­ny placed Neely in a choke­hold. Pen­ny said he took action because Neely was threat­en­ing pas­sen­gers on the New York City sub­way. They also asked to review the orig­i­nal video of the inci­dent tak­en by anoth­er pas­sen­ger, and the footage from Penny’s inter­ro­ga­tion with police, where they didn’t tell him Neely had died.

Jurors also asked to review the cross-exam­i­na­tion of New York med­ical exam­in­er Dr. Cyn­thia Har­ris, who tes­ti­fied that she made the deter­mi­na­tion Neely died due to asphyx­i­a­tion based on video alone – before the tox­i­col­o­gy report came back.

In Novem­ber, Penny’s defense attor­neys ques­tioned Har­ris why Neely’s death cer­tifi­cate orig­i­nal­ly list­ed the cause of death as pend­ing fur­ther study. Har­ris said this was due to a mis­un­der­stand­ing from a police report that said Neely had been scream­ing while police were present. But, after view­ing video of Pen­ny restrain­ing Neely in a choke­hold and appear­ing unre­spon­sive, Har­ris made her deter­mi­na­tion about the cause of death.

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Har­ris told the defense that even if Neely had enough fen­tanyl in his sys­tem to take out an ele­phant, she still would have ruled that he died from asphyx­i­a­tion. The defense, how­ev­er, was able to get her to agree that med­ical exam­in­ers can dis­agree on the cause of death and that it’s not a per­fect sci­ence.

On Tues­day after­noon, less than an hour after delib­er­a­tions began, jurors asked about the specifics of jus­ti­fi­ca­tion defens­es from the judge’s instruc­tions. To con­vict Pen­ny, jurors need to agree that Penny’s choke­hold on Neely was unjus­ti­fi­able and that he act­ed reck­less­ly.

The jurors were read that sec­tion of the judge’s instruc­tions, delib­er­at­ed for anoth­er hour and a half, and then went home for the day, The Dai­ly Wire report­ed.

Also on Wednes­day, Neely’s father filed a law­suit against Pen­ny for the death of his son, the New York Post report­ed, demand­ing “judg­ment award­ing dam­ages in a sum which exceeds the juris­dic­tion­al lim­its of all low­er Courts which would oth­er­wise have juris­dic­tion.”