Manhattan District Attorney Alvin Bragg’s Office has been pushing for the media to note that if convicted of second-degree manslaughter, Marine veteran Daniel Penny faces no mandatory minimum prison term. Penny’s lawyers argue that the prosecution is trying to influence the jury by presenting a biased narrative, and that the DA’s efforts are both improper and misleading.
Penny, 26, is accused of killing 36-year-old Jordan Neely on a Manhattan F train in 2023. According to the prosecution, Penny, an aspiring architect, got into a physical altercation with Neely, who had rushed onto the train, shouting death threats at women and children. Penny’s defense team claims that he acted in self-defense and has presented evidence that Neely was the aggressor.
The defense argues that the prosecution is attempting to present a narrative that Penny is a cold-blooded killer, which is part of a larger effort to prejudice the jury. “The District Attorney’s efforts to have the jury speculate as to a potential sentence are both improper and misleading,” Penny’s defense lawyers, Steven Raiser and Thomas Kenniff, said.
Additionally, legal experts have expressed concern that the DA’s office is using the press to try to influence public opinion and shape the narrative of the trial. According to Danielle Iredale, a former attorney for Bernhard Goetz, it is unusual for a prosecutor’s office to use the press in this way, and it may be a sign that they are trying to save face after bringing a case that does not have strong public support. “It’s exceedingly unusual, if not unprecedented, for a prosecutor’s office to use the press to assuage the public’s concern if they were to achieve a conviction,” Iredale said.