Transcript
Automated transcript · uncorrectedDaniel Penny, who was involved in the choke hold death of homeless man Jordan Eely. He was arranged just a few hours ago and some really powerful comments coming from his legal team after the arraignment. Joining us now is the attorney for the former Marine Daniel Penny, Thomas. Kenneth Thomas.
Great to have you here on Katz and Cosby. Talk about the arraignment and also the statements afterwards. Obviously in the arrayment today he pled not guilty. Talk about where the defense goes from here.
Yeah, hey, d it always gets to be joining you guys. Yeah, I mean, you know, the arraignment is mostly a procedural formality at this point. A lot of people are confused and said, well, you know, why was there the arraignment that happened a few weeks ago and then this one. Well, yeah, it’s just a procedural mechanism in New York. First you
have a criminal court, Raymond, then when there’s an indictment, as there was in this case, you go to Supreme Court and get arraigned.
And then afterwards afterwards, you guys came out and you basically said, it is not just him on trial, it’s basically self defense. Is on trial. I thought that was really powerful. Explain that to our audience.
Yeah, no, I agree. It was actually my law partner, Stephen Raza that made that comment. And you know, I remember growing up and at some point, I think in elementary school, learning about Kitty GENEVAC and that was a case that I think my social studies teacher had touched on.
And if those aren’t familiar, that that was a you know, a watershed moment in New York City in the nineteen sixties where uh, and it had been numerous psychological studies on and so forth, where where the victim, Kitty genev c was, you know, murdered in a street side encounter in Queen’s and no one called nine one one, no one,
No one ran to her, aid I don’t say I have nine one one system back there, but basically every everyone just just turned a blind eye to it. And you know, for decades people said, you know, how how could it happened? Well, if you look at this case and you look at the plight of my client, who
you know, didn’t turn a blind eye and stepped up to protect himself and the others on the train and now finds himself in this predicament. Well, you know, it’s very easy to see a situation where where the next incident comes. You know, no one does anything.
Absolutely, By the way, what’s happened to the other guys, Remember there are the two other guys that were holding Jordan Neely down, and I’ve deiled everybody. Clearly, the people on the subway felt the threat was the homeless guy, Jordan Neely because they were helping your client, the marine Daniel Penny, hold him down.
You know what happened to you?
Yeah? Yeah, what happened with them?
Yeah? So you know, I mean some of these questions, you know, obviously are better posed to the District Attorney’s office. We we we we throw our investigation. We we identified one of those individuals. We have been in touch with him.
Uh he has a counsel, you know, but we’ve had no indication as to uh, you know what, what the district Attorney’s intention is there. I don’t think that so far as we know, they don’t intend on prosecuting anyone else other than our client. I don’t want to see anybody else prosecuted. I don’t want to see my own
client prosecuted in this case.
But that’s interesting. That’s interesting that you don’t see any indication that they’re going after because you can contend, why are.
The only prosecuting one person and she did well? Three were setting a top of this guy.
Yeah, I mean again, John, You know, look, I don’t want to I don’t want to make it look like I’m campaigning to see anyone else prosecuted, and I’m not. I don’t think anyone should be prosecuted. I don’t think anything.
By the way, I don’t think anybody should have been prosecuted. And we’re going to give your client a ticket tape parade. I’ll fit that you or wherever, because he I think he’s a hero versus a criminal. Yeah.
And by the way, did you hear Thomas No, you know I was going to say to John’s point, did you hear today the attorneys for Jordan Neely’s family came out and afterwards this was an amazing comment. I couldn’t believe they sid They were like they were saying, everybody who donated to your client’s defense fund, and it’s close
to three million bucks. As you know, a lot of it’s a gifts and go, you should get your money back. Ask for a refund because nothing’s gonna help. Boy, they were really they were fighting words there.
We won’t post that to the razor wesy Hey, So this.
Is form a Congress and Pete King, I have one big question for you.
What have you heard about the toxic college crefo? Congressman? You were my congressman, because I’m a massive p equa guy.
Oh my god, I’m chief it.
Okay, very good.
Thank grew up a massive You know what we heard about the toxicology report and the the autopsy is there isn’t There is none yet. You know, we keep hearing that the Medical Examiner’s Office as a backlog of cases.
I mean, frankly, I’ve seen that in other cases I’ve handled as well. Uh So it just doesn’t exist yet as far as we’re told. That’s stunning.
Judge Weinberg, Richard Warber, good to talk to you again.
I’m I’m very.
Pussive like this recently. I was not that long ago standing before you, and.
He did a great job, a great job. I’m amazed. And then I’m amazing in a case like this that they didn’t put this at the top of the list to find that out, because very very important to know what the physical condition of this gentleman was and whether, in fact, this pressure was approximate cause of the death.
And they have an absolute obligation to dispel any illusions on this. They should be pressed on this time.
Yeah, absout. I mean, look, there is no question, as you know, Judge, that the defense is entitled to this. We’re going to get it. If there is a delay that is, you know, inordinate, then that’s something that we’re going to have to take up with the court and we’ll do so. I hope it doesn’t come to that,
but I think it also underscores, you know, why no one should read anything into the fact that the grand jury indicted here. I mean, you know, indictment is mostly a procedural formality. It’s evidence of nothing. That’s one of the first things jurors here when they walk into a courtroom for a criminal trial. And we know that we
have we have a grandeur presentment here where you know, critical evidence and we’re talking to the autopsy report, the toxicology well could have even been presented because it wasn’t available yet. So that’s something that everyone should should keep in mind.
So where does the case go from here? And any sense of the timeline because again everybody we’re talking to the attorney for the former marine Daniel Penny, of course, tied to the subway choke hold death, the case that everybody around the country is talking about. Give us a sense of the timeline here, Thomas.
Yeah, criminal cases, you know, especially ones like this, are you know, are marathons not sprints. So for instance, we’re in court today, Judge Wiley. I mean, the next court data is October twenty fifth, so we’re going out you know, three four months already, and that’s just really for return on motion practice. So what’s going to happen between now
and then is we’re going to get discovery, hopefully all the discovery. Pretty soon, there’ll be a litany of written motions that will be submitted to the Corps, challenging the sufficiency of the grand jury presentation and many other issues.
You know, we had a decision on that in October. At that point, you know, it would probably be a date for hearings. I don’t foresee any circumstance where this case could be tried, you know, any time before well into neext.
So counsel ed Cox here, how is your client holding up all this how’s he doing.
You know, he’s doing as well as as well as anyone could expect under the circumstances. The hell of a lot better than I’d be doing if I was in his shoes. You know, this is someone, as a teenager, who took an oath to defend the Constitution of the United States and and enter the Marine Corps. Uh. You know,
so he obviously has a different type of metal than the average person. That’s sure.
Before we got Thomas hard for the Marine, Daniel Penny, we’re gonna give him a chicken chap paray. Thank you so much for calling in
Sunday, July 2, 2023
Affirmative action, student loans…SCOTUS
Peter King Former U.S. Representative from New York
