Before he was indicted, Daniel Penny issued a series of videos giving his side of the story. This is so unusual that Penny’s attorney went on television to explain that this was an attempt to counter the (predictable) media narrative of Penny as a “white supremacist.”

The target for the videos was the grand jury, sure, but also the general public — among them the 12 Manhattan men and women who will ultimately sit on the trial jury.

A close look at the videos provides some surprises — and points to where Penny’s defense will likely go.

One — Neely’s Threats: Penny relates in the video that Neely said, “I’m going to kill you.” This is new.

Penny’s defense will be one of “justification.” That is: Was Penny justified in using that amount of force in overcoming the threat against him?

If the threat involved the threat of death — which Penny now says it did — well then, the amount of defensive force Penny is justified in using goes way up.

Two — Length of the Chokehold: The received wisdom in the media has been that Penny held onto Neely for something like 15 minutes. Penny states in the video that it was in fact “less than five minutes” (which makes sense — it doesn’t take 15 minutes to travel between stations on any NYC subway).

Again, this goes to the justification defense. In sum: Can you hold a struggling, out-of-control man around the throat for that long? Especially if he threatened to kill you, and took actions indicative of that (taking off his jacket, screaming, etc)?

Three — Neely Was Still Struggling: Penny says that despite his grip on Neely, the latter was “still struggling.” The video shows this. Was he struggling to simply breathe? Get free? Or was this part and parcel of the original encounter, in which Neely threatened physical harm?

Was there a reasonable perception that Neely, if released, would attack? Or even, that he might have a weapon?

Penny’s statements suggest his side will claim Neely’s struggling meant he still appeared to pose a threat.

Four — Neely Was Still Breathing: Penny notes that Neely was still visibly breathing during the struggle A review of the subway video in fact shows that even after he was released, Penny takes a deep breath (in this video, it’s at the 3:49 mark). Is it actually a certainty, then, that it was the chokehold that killed him?

Which leads us to…

Five — We Have Not Seen the Toxicology Report: Because of a few protests that naturally caused hyperventilating in the Times editorial room — which then sets the agenda for the rest of the lockstep media — City Hall folded, joined forces with Al Bragg, and the NYPD was ordered to go out and arrest Penny before all the facts were in. Including the tox report.

But in light of the fact that Neely still appeared to be breathing after being released, the question of what Jordan Neely had in his system is of paramount importance.

Especially since this video, reportedly taken “shortly before” Neely’s encounter with Daniel Penny, shows him shaking and rambling incoherently, as if he’s on something.

Recall the case of Eric Garner. Garner, an obese asthmatic, was taken to the ground by an NYPD cop as the result of a complaint from nearby store owners. In this instance, the officer’s arm was also around Garner’s throat (in this case, for seconds, not minutes).

Garner died, but the cop was not even indicted, due primarily to the contributing factors of Garner’s physical condition.

If Neely was indeed still breathing after the encounter — shouldn’t a consideration of any drugs in his system have been part of the calculus here? Especially since Neely was known to be a drug user? And likely in poor physical condition?

And on a NYC “top 50” list of homeless most “at risk”?

Why Penny — And Not Jose Alba?

If you recall, in July of last year, Alvin Bragg and the Manhattan DA’s Office were set to prosecute bodega counterman Jose Alba on charges of murder, after Alba stabbed a man threatening him at work. Following public outcry, however, Bragg’s office suddenly concluded they couldn’t prove that Alba “was not justified in his use of deadly physical force” (again, the “justification” defense).

In that case, we had actual video of Alba repeatedly stabbing his assailant — far more purposeful than the actions taken by Daniel Penny. So what’s the difference?

Is it that Alba was a person of color, from a Dominican neighborhood in upper Manhattan? And Penny is a white Marine from Long Island?

I’m going to take the high road here and say — perhaps not.

I think the real difference is that, in Alba’s case, we see the assailant threatening Alba. In Penny’s case, Neely’s actions are not present.

Begging the question: Is there other video out there? In the video we do have, others are visible who appear to be recording. Does the DA have these recordings — and has not released them?

My sense is that, if there was video publicly released that actually showed Neely doing what Penny and the witnesses allege… Daniel Penny does not get indicted.

Which is a shame.

Yet Another Take On the Penny Case

For a more political, less legalistic look at all this, head over to foxnews.com’s Opinion section, where my latest article has gone live (or simply click here).

You’ll find there a piece that not only delves the currents running beneath the Neely-Penny case… but manages to reference H.G. Wells’ The Time Machine.

It makes sense, I swear!

The Greatest Crime In History?

Aaaaand yet another report that demonstrates the obvious: COVID is the result of a lab leak in Wuhan, where Chinese scientists were conducting gain-of-function research.

Research, by the way, at least partially funded by the U.S. taxpayer.

And denied by Dr. Fauci. Who appears to be about as much of a doctor as Jill Biden.

Folks, COVID has thus far killed 7 million people, and counting. There are currently about 768 million cases worldwide — meaning many more will likely die.

And they’re charging Daniel Penny with Reckless Manslaughter?

If nothing else, this is the world’s largest negligence class action, waiting to happen. With the defendant being the Chinese government.

The Scourge of Soros

Your humble narrator was so pleased to appear on the Faulkner Focus with Harris Faulkner Thursday, to discuss the depredations of the George Soros-funded district attorneys across the country.

 

We had a great discussion, and I learned a lot. Did you know that, according to my fellow panelist Matt Palumbo, upwards of 70 sitting DA’s are Soros-linked? And that one-in-six Americans lives under a Soros DA? (I almost fell off my chair at that one).

If you are not fully up on the slow-walk takeover of our criminal justice system by Mr. Soros (and now his son), I urge you to delve further by picking up Palumbo’s book (linked here).

I’m ordering it. But frankly, I’m afraid to read it.

 

Your narrator is scheduled to appear on The Story with Martha MacCallum on Fox News Friday, as well as with David Asman over on Fox Business. Should be two very different takes on current happenings… please join us if you can!

But in the meantime: enjoy the weekend, and stay safe.