A nightmarish jury selection process is delaying a criminal trial to determine the fate of a Navy veteran who killed a homeless black man by strangling him on a train.
Daniel Penny, 26, will face a jury of his peers in a mammoth trial expected to last six weeks, to determine whether he is guilty of negligent homicide and involuntary manslaughter.
In May 2023, he placed Jordan Neely, 30, in a chokehold on a New York City subway in an effort to subdue the Michael Jackson impersonator.
And now the Manhattan Supreme Court faces a series of diabolical challenges in an attempt to find a full panel of jurors.
Daniel Penny, 26, will face a jury of his peers in a mammoth trial expected to last six weeks, to determine whether he is guilty of negligent homicide and involuntary manslaughter.
Penny’s lawyers want him to be tried by his “peers,” people who, like him, regularly ride the New York subway.
But New Yorkers who ride the subway regularly are much more likely to be lower-paid hourly workers.
Their employers only have to cover their salaries for the first three days of the trial, and the court pays jurors just $40 a day to try a case that will last six weeks.
Judge Maxwell Wiley says anyone in that position is exempt from judging the Penny case.
His ruling could mean assembling jurors who have less experience in the horrors that can unfold on the New York subway. They, in turn, may be less sympathetic to Penny because of what happened 18 months ago.
Neely had been behaving erratically on the train and, according to Penny, was threatening those around him. He still had a pulse when first responders arrived and administered a dose of Narcan, which is typically used to treat drug overdoses.
The incident divided the nation and sparked widespread debate, making it even more important for the Manhattan Supreme Court to select a neutral 12-person jury.
Penny held Neely in a chokehold on the floor of the subway car while others helped on May 1, 2023.
The incident divided the nation and sparked widespread debate, making it even more important for the Manhattan Supreme Court to select the best possible 12-person jury.
The jury selection process in this case has been long and drawn out, already extending over a week and without a single locked jury to show for it.
An estimated 450 New Yorkers were called to the courtroom last week as Judge Maxwell Wiley attempted to weed out candidates who couldn’t be considered based on scheduling availability.
Some 149 potential jurors were asked to return for further questioning, at which point Judge Wiley reportedly said: “If you work for an hourly wage and know that your employer will not pay you for more three days of absence, let us know now. .’
New York State pays jurors $40 a day for their service, and the law states that employers only have to pay for three days of jury service.
In a trial expected to last six weeks, the court has indicated it will take into account whether a person’s participation on the jury would cost him money.
Neely was a well-known Michael Jackson impersonator in Times Square (pictured in 2009).
New York police officers attempt to revive Jordan Neely as he lies on the floor of an F train on May 1.
While a potential juror’s race, age, gender and socioeconomic status are common considerations in trials, in this case, a person’s subway use and public transportation experiences will also be questioned and analyzed.
The rise of “work from home” culture since the Covid pandemic has also limited how often many New Yorkers use the subway.
Of the 20 potential jurors who underwent a second round of questioning Friday, most said they used the subway at least occasionally. Many said they had also seen strangers have outbursts while in transit.
The group was divided on whether they had ever felt threatened or unsafe by the behavior of strangers.
They were also asked if they had ever served in the military, taken self-defense classes, or had any experience with mental illness, drug abuse, or homelessness.
Penny faces up to 19 years behind bars if convicted of both charges. maintains his innocence
Anti-racism protesters gathered in front of the downtown courthouse last Monday.
Four were formally excused from the trial, while the rest are still under consideration.
More potential jurors returned Monday to undergo the same line of questioning.
Judge Wiley hopes to have seated the 12-person jury by the end of this week, clearing the way for the trial to begin next week.
Penny faces up to 19 years behind bars if convicted of both charges.
He maintains his innocence.