NEW YORK (AP) — Daniel Penny chose not to testify and defense lawyers rested their case Friday at his trial in the death of an agitated man he choked on a subway train.
Closing arguments are expected after Thanksgiving in the closely watched manslaughter case about the death of Jordan Neely, 30.
The encounter between Penny, a white Marine veteran, and Neely, a homeless Black man with mental health and drug problems, has been drawn into U.S. political divides over race, public safety and cities’ ability to handle mental illness and social ills.
Penny, 26, has pleaded not guilty. Many criminal defendants don't take the stand, and juries are routinely instructed that they cannot hold defendants' silence — a constitutional right — against them.
One of Penny’s lawyers, Daniel Kenniff, noted after court that jurors did hear from Penny, in the form of his recorded statements to police minutes and hours after he put Neely in a chokehold.
“Virtually everything he said then is consistent with credible testimony of his fellow passengers," Kenniff said.
Penny told police that he wrapped his arm around Neely's neck, took him to the floor and “put him out” because he was angrily throwing things and making threatening comments. Penny said on police video that he hadn't wanted to injure Neely but rather to keep him from hurting anyone else.
A number of other passengers testified that they were scared of Neely and relieved that Penny grabbed hold of him.
A man who later stepped in and held down Neely's arms, however, told jurors that he urged Penny to let go but that the veteran kept choking Neely for a time.
Prosecutors say Penny meant to protect people but recklessly used too much force, overlooking Neely's humanity and making no effort to spare his life.
City medical examiners ruled that the chokehold killed Neely. A pathologist hired by Penny's defense disputed that finding.
Prosecutors, defense lawyers and the judge are set to meet Monday to hash out jury instructions.
Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)
Daniel Penny arrives at the court after break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)
BERLIN (AP) — Harry Kane scored a hat trick including two penalties for Bayern Munich to beat Augsburg 3-0 in the Bundesliga on Friday.
The win stretched Bayern’s lead to eight points ahead of the rest of the 11th round, and Kane took his goals tally to a league-leading 14.
The England forward is the fastest player to 50 goals in the Bundesliga in what was his 43rd game.
However, coach Vincent Kompany should be concerned by his team’s ongoing difficulty of scoring in matches it dominates. Bayern previously defeated St. Pauli and Benfica only 1-0.
Kompany’s team had to wait until stoppage time before Kane sealed the result with his second penalty. Two minutes later, Kane scored with a header after controlling Leon Goretzka's cross with his first touch for a flattering scoreline.
“We had to be patient,” Kane said. “And at halftime that’s what we said, to keep doing what we’re doing. We had a few chances in the first half and we just had to be a bit more clinical and obviously, thankfully, we got the penalty to kind of open the game up.”
Mads Pedersen was penalized for handball following a VAR review and Kane duly broke the deadlock in the 63rd.
Bayern continued as before with 80% possession, but had to wait for Keven Schlotterbeck to be penalized through VAR for a foul on Kane. Kane sealed the result in the third minute of stoppage time and there was still time for him to grab another.
It’s Bayern’s sixth consecutive win without conceding a goal since it conceded four at Barcelona (4-1) on Oct. 23 in the Champions League.
“You can see now that we have a solid defense and that's the basis, also in games like today's,” Bayern midfielder Joshua Kimmich said. “When it's a game of patience, then it's important for us to know that sometimes one goal will have to do. Like today we added two more before the finish, but in the end you only need to score one more than the opponent.”
Bayern next hosts Paris Saint-Germain in the Champions League on Tuesday, then Borussia Dortmund away in the Bundesliga next weekend, before defending champion Bayer Leverkusen visits in the third round of the German Cup.
AP soccer: https://apnews.com/hub/soccer
Bayern's Harry Kane, prepares for penalty kick during the Bundesliga soccer match between Bayern Munich and Augsburg at the Allianz Arena in Munich, Germany, Friday, Nov. 22, 2024. (AP Photo/Matthias Schrader)
Bayern's Harry Kane, reacts to referee asking for a penalty during the Bundesliga soccer match between Bayern Munich and Augsburg at the Allianz Arena in Munich, Germany, Friday, Nov. 22, 2024. (AP Photo/Matthias Schrader)
Bayern's Harry Kane, left, celebrates after scoring his side's second goal with a penalty kick during the Bundesliga soccer match between Bayern Munich and Augsburg at the Allianz Arena in Munich, Germany, Friday, Nov. 22, 2024. (AP Photo/Matthias Schrader)
Bayern's Harry Kane on the pitch during the Bundesliga soccer match between Bayern Munich and Augsburg at the Allianz Arena in Munich, Germany, Friday, Nov. 22, 2024. (AP Photo/Matthias Schrader)
Bayern's Harry Kane, kicks a penalty to score his side's second goal during the Bundesliga soccer match between Bayern Munich and Augsburg at the Allianz Arena in Munich, Germany, Friday, Nov. 22, 2024. (AP Photo/Matthias Schrader)
Bayern's Harry Kane, kicks a penalty to score his side's second goal during the Bundesliga soccer match between Bayern Munich and Augsburg at the Allianz Arena in Munich, Germany, Friday, Nov. 22, 2024. (AP Photo/Matthias Schrader)
