The defense in the Daniel Penny trial pressed ahead on Tuesday, calling to the witness stand two Marines who served with Penny, as well as a close friend from Long Island, and his mother, all of whom described Penny as a dutiful and responsible person who followed rules and went out of his way to help others.
Their testimony contrasted sharply with the prosecution’s portrayal of the defendant as an aggressor who was unwilling or unable to recognize the humanity of the victim, Jordan Neely.
Penny is on trial on charges of manslaughter and criminally negligent homicide related to the death of Neely, who boarded an uptown F train at Manhattan’s Second Avenue station on May 1, 2023, and, according to witnesses, began shouting threats and lunging at other passengers before Penny stepped in to restrain him using a chokehold.
Nolan Drylie, a former platoon sergeant who had oversight of Penny in the First Battalion of the Second Marine Division, took the stand. He testified that Penny fit right into a military culture where those who followed orders and worked collaboratively with people from widely disparate backgrounds flourished, and those who could not do so were not needed.
The character witness testimony took place only after vigorous arguments from both the prosecution and the defense. […]
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