
Daniel Penny defense moves for mistrial again after prosecution witness brings up stricken subject
Fox News
Daniel Penny's defense moves for mistrial again after prosecution witness brings up the word homicide in discussion of Jordan Neely's cause and manner of death.
Judge Maxwell Wiley ordered that comment to be stricken, but other testimony in the conversation leading up to it would remain part of the case.
Penny, 26, is on trial for the 30-year-old Neely's death, but he is not accused of killing him on purpose. Prosecutors have charged him with manslaughter and criminally negligent homicide. Neely barged onto a subway car, threw his jacket on the ground and started making erratic death threats, according to witnesses.
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