A potential juror has come under scrutiny for allegedly providing false testimony during the trial of Daniel Penny, the Marine veteran implicated in the chokehold death of Michael Jackson impersonator Jordan Neely on a New York subway last year. This development has sparked significant debate between the prosecution and defense teams regarding the implications of the juror’s actions.
During the court proceedings on Tuesday morning, Assistant District Attorney Dafna Yoran, representing the Manhattan District Attorney’s office led by Alvin Bragg, asserted that juror B91 had misled the court concerning her martial arts experience—an assertion substantiated by evidence derived from social media investigations. The relevance of this information lies in its direct correlation to the chokehold technique employed by Mr. Penny during the confrontation with Neely.
Daniel Penny, a 26-year-old former infantry squad leader hailing from West Islip, Long Island, faces severe charges including second-degree manslaughter and negligent homicide in connection with the tragic death of 30-year-old Jordan Neely. Neely, recognized for his vibrant street performances embodying the late King of Pop, would often entertain commuters on subway trains and at stations throughout New York City.
Jordan Neely’s past reveals a troubling history, featuring 42 previous arrests, ongoing battles with homelessness and drug addiction, and speculation surrounding mental health issues—although these claims have yet to be formally addressed in the courtroom. The incident in question transpired on May 1, 2023, when Neely boarded an F train at the 2nd Avenue stop in Manhattan. Eyewitnesses recall Neely behaving in an erratic and confrontational manner, prompting Mr. Penny to intervene. He allegedly ensnared Neely from behind, applying a chokehold that ultimately led to Neely’s tragic demise, pronounced several hours later at a nearby hospital. Official investigations categorize Neely’s death as a homicide.
As the trial unfolds, it is important to note that the case carries significant racial undertones—Mr. Penny being white and Neely being Black—which has fueled widespread protests, along with intensive media scrutiny. Supporters of Mr. Penny have rallied to his defense, perceiving him as a good Samaritan, and have successfully raised over $3 million to assist with his legal expenses. Conversely, advocates for Neely contend that he did not physically assault Mr. Penny or any other passengers, framing Penny’s actions as those of a vigilante.
The prosecution contends that Mr. Penny’s six-minute application of the chokehold was reckless, arguing that Neely had already ceased any purposeful movement well before the hold was released. In legal filings, the district attorney’s office remarked, “The notion that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond the pale.”
Furthermore, the prosecution claims that Mr. Penny, who received military training, should have been acutely aware of the lethal potential of chokeholds. A Marine trainer testified to the grand jury, elucidating that while chokeholds might be intended as “non-lethal” restraints, they can indeed be fatal.
The presiding judge has consistently prompted potential jurors to disclose any background in martial arts or wrestling due to the pivotal nature of these topics in both the prosecution’s and defense’s arguments. Juror B91’s alleged deceit became a focal point during these inquiries.
The jurors are designated by numerical identifiers to preserve anonymity, following a ruling from Judge Wiley enacted last week due to apparent threats made towards both parties. On Tuesday, Ms. Yoran asserted that juror B91 had not been forthright, noting that the juror falsely claimed ignorance of anyone with a martial arts background.
Yoran stated, “We were shocked to find that her husband’s Instagram, open to the public, displayed numerous references to martial arts.” According to the ADA, the social media account featured images of B91’s husband alongside their sons engaging in various disciplines, such as Muay Thai—often referred to as Thai boxing—and Ju-jitsu, both of which involve physical combat techniques, alongside wrestling.
Additionally, it was revealed that juror B91 also misrepresented her personal knowledge regarding arrests. Yoran contended that the juror’s husband had indeed faced legal issues in the past.
In response to these allegations, the judge summoned the juror for further examination. When queried about the martial arts content on her husband’s Instagram, B91 appeared to minimize the observations, claiming confusion regarding the inquiry’s focus. The media struggled to capture her exact responses during this exchange. Ultimately, the judge opted not to allow the prosecution to dismiss the juror based on a challenge for cause.
Despite Yoran’s presentation of printouts showcasing the martial arts images, the judge declined to review the material. Yoran further asserted from her position that the overwhelming majority of the Instagram posts revolved around martial arts, declaring it “extreme.” However, the judge remained steadfast in his decision, as he did not accept Yoran’s arguments regarding the juror’s credibility.
The defense team did not view the alleged discrepancies from juror B91 as detrimental. Instead, they posited that the juror’s familiarity with martial arts could be advantageous, particularly since their narrative will frame Mr. Penny’s actions as a necessary defensive response to Neely’s aggressive behavior.
Eventually, the prosecution exercised one of its peremptory challenges to dismiss juror B91 from the panel. By the conclusion of Tuesday’s proceedings, two additional jurors had been selected, filling eight out of the twelve required seats on the jury. Judge Wiley expressed optimism in completing the jury selection process by Wednesday, with plans to commence opening arguments on Thursday.