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Two Versions of NYC Subway Death As Protest Chants Waft Into Court in Daniel Penny Trial

by Matthew Russell Lee, Patreon Book Substack

NYS COURTHOUSE, Nov 1 –  Opening arguments in the New York v. Daniel Penny trial took place on November 1, and Inner City Press was there. Thread:

Daniel Penny and his two lawyers have just walked into this 13th floor courtroom. Judge: Off the record, does the Defense intend to make an opening today?

Penny's counsel: Yes. [Through the windows, chants from down on Centre Street] Drum roll...   Judge: The defense moved to introduce parts of some statements witnesses made to officers that were captured on body-worn camera, just after the incidence. The Court has reviewed some - they may be excited utterances, others not 

Judge: There was a witness named Ms. Rosario at 2:38 pm, I can see most of it coming in except the last part where she was asked by the officer, Did it look like he was on drugs - I don't think that will come in Judge: Likewise a Mr. Latimer, he displays emotion and excitement with only light questioning by the officer... Ms Giddons (sp) on Sarg Brito's camera, that seems excited

ADA: The whole Q&A? Judge: I think so - there was no question about being on drugs   Judge: Anything else before the jurors enter? I noticed the demonstrations this morning, they are audible in the robing room and elsewhere - I will admonish the jurors not to pay attention. Bring in the jury  

Thread of arguments and first witness here

Extra / analysis on X for Subscribers here and Substack here

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