Prosecutors are trying to ban testimony at Daniel Penny’s upcoming trial that would detail Jordan Neely’s psychiatric history and chronic abuse of the drug K2 — something Penny’s lawyers argued “goes to the heart of any justification defense” in the lightning-rod subway chokehold case.
Defense attorneys for the ex-Marine — who faces manslaughter charges for allegedly choking Neely to death on a Manhattan train car in May 2023 — want forensic psychiatrist Dr. Alexander Bardey to testify about Neely’s abuse of the synthetic cannabinoid at next month’s trial.
They also want to introduce Neely’s voluminous psychiatric records, which include 6,000 pages’ worth of material that detail the homeless man’s family history, surgeries, prior “bad acts” and more, according to court documents.
Prosecutors from the Manhattan District Attorney’s Office said in a recent filing that the testimony and records would only serve to batter Neely’s reputation before the jury.
“Their suggested introduction is a transparent attempt by the defense to smear the victim’s character so that the jury will devalue his life,” Assistant District Attorney Dafna Yoran wrote about the defense’s request.
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