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Claude
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Will Kaback
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Isaac Saul
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Will Kaback
Good morning, good afternoon and good evening and welcome to the Tangle Podcast, a place where you get views from across the political spectrum, some independent thinking and a little bit of our take. This is Will Kaback, one of Tangle's editors. On today's episode, we are covering the Daniel Penny verdict. As a current New York City resident, this story resonated with several parts of my life and I asked Isaac if I could take a swing at the mite section today because I frankly had a lot of thoughts. He was gracious enough to pass the pen or mic if you're listening. So I'll be reading my take on the case today. We covered this story twice in the past, so if you're interested in Isaac's thoughts, you can find those episodes in our archive or on our website retangle.com but I'm looking forward to breaking the story down with all of you today. Before we jump in, a quick heads up. Over the Thanksgiving break, we interviewed John Sullivan, who served as the Deputy Secretary of State under President Trump and the Ambassador to Russia under both Trump and President Biden. Sullivan was in Moscow when Russia's invasion of Ukraine began and he played a leading role in informing U.S. policy in the lead up to and start of the war. We spoke candidly with him about his outlook on the conflict, his assessment of Biden's foreign policy, the challenges that President Elect Trump will face when he takes office, and what the west really doesn't understand about Russia. Really excited to share this conversation with you and it's posted now so you can go check it out on our podcast page. With that, I'll pass it over to John for quick hits and our main story and then I'll be back for my take.
Isaac Saul
Thanks, Will and welcome everybody. Here are your quick hits for today. First up, Muhammad al Bashir, the leader of the quasi government established by the Syrian rebel group that ousted President Bashar al Assad, was appointed caretaker prime minister of the transitional Syrian government. Bashir said he will hold the position until March 1, 2025. Separately, Israel said it has carried out approximately 480 airstrikes on military targets across Syria following the fall of the Assad regime. On Tuesday, the Israeli military claimed to have destroyed the entire Syrian naval fleet. Number two, Israeli Prime Minister Benjamin Netanyahu testified in his corruption trial in Tel Aviv, Israel, where he is accused of providing benefits in exchange for favorable media coverage. Netanyahu is the first sitting Israeli prime minister to testify in a trial as a defendant. Number three a wildfire in Malibu, California, grew to 2,850 acres and destroyed at least seven structures, forcing thousands of residents to flee. Taiwan's defense ministry demanded that China end its military activity off the nation's coast, claiming that 90 Chinese ships have been conducting drills near the area since Monday. And number five, President elect Donald Trump announced campaign advisor Kimberly Guilfoyle as his nominee to serve as Ambassador to Greece and technology advisor Jacob Helberg to serve as Undersecretary of State for economic growth, energy and the environment.
Will Kaback
Daniel Penney, the former Marine charged in.
John Sullivan
The chokehold death of Jordan Neely on.
Isaac Saul
A New York City subway last year.
John Sullivan
Was found not guilty of criminally negligent homicide by a Manhattan jury on Monday. This comes after a judge dismissed a second, more serious second degree manslaughter charged last week after the jury could not.
Isaac Saul
Come to a verdict on the count.
John Sullivan
They were hung.
Isaac Saul
On Monday, a Manhattan jury found Marine Veteran Daniel Penney, 26, not guilty of criminally negligent homicide in the death of Jordan Neely, a 30 year old homeless street artist Penn Penny placed in a chokehold on a New York subway car in May of last year. The verdict follows the judge in Penny's trial dismissing the more serious manslaughter charge after the jury failed to reach a unanimous decision on the count Penney faced up to 15 years in prison for manslaughter and four years for negligent homicide. Monday's verdict clears Penny of all criminal charges related to Neely's death. The encounter between Penny and Neely occurred after Neely boarded an F train and began acting erratically, according to witnesses. Passengers said Neely was threatening them and insisting that he didn't care if he died or went to jail. Penny then approached Neely from behind and placed him in a chokehold for several minutes while two other passengers helped Penny restrain Neely on the ground. A video of the incident was posted by an online independent journalist In May of 2023, District Attorney Alvin Bragg decided to bring charges of second degree manslaughter and criminally negligent homicide, opting against charging Penny with first degree homicide. To convict Penney of second degree manslaughter, the prosecution had to prove that he had acted recklessly in causing Neely's death. To convict Penny of criminally negligent homicide, the prosecution had to convince the jury that Penney caused Neely's death and also that his actions were unjustifiable and criminally negligent. You can check out our past coverage with a link in today's episode description the medical examiner in the case testified that Neely died from compression of the neck, but a forensic pathologist for the defense countered that Neely died due to a combination of factors, including Penny' restraint, Neely schizophrenia, his sickle cell trait and synthetic cannabinoids found in his system after his death. Daphna Yorin, assistant prosecutor for the Manhattan District's office, called Penny's intervention laudable, but argued that his neglect was his application of the chokehold. You obviously cannot kill someone because they are crazy and ranting and looking menacing, joran said in her closing argument. No matter what it is that they are saying. Immediately following the verdict, Jordan Neely's father, Andre Zachary, cursed in anger and was forcibly removed from the courtroom. My son didn't have to go through this. I didn't have to go through this either. It hurts. It really, really hurts, zachary said amid a group of protesters who had gathered outside the courtroom. We couldn't be more pleased that a jury of Dany's peers acquitted him for any wrongdoing. And now New Yorkers can take some comfort in knowing that we can continue to stand up for one another without sacrificing our rights or our freedoms, penny's lawyers said in a statement today. We'll cover what the left and the right are saying in reaction to the trial's outcome and then Tangle editor and New York resident will KAB give today's my take.
Will Kaback
We'll be right back after this quick break.
Claude
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John Sullivan
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Isaac Saul
All right, first up, let's start with what the left is saying. The left is mixed on the trial's outcome, but many acknowledge its complexity. Some say the case is an indictment of society's inability to help those in need. Others note the role that public safety concerns played in the trial. The New York Daily News editorial board wrote about the Penny case and mental health law Daniel Penney has been acquitted of the subway killing of Jordan Neely, but the New York City criminal justice and mental health care establishment is guilty of creating the conditions whereby a deeply disturbed man known to be in the throes of a psychological crisis wound up melting down on a subway car, hurling threats at passengers, the board said. Should Penny, a Marine trained in hand to hand combat, really have been absolved of any penalties after placing Neely in an asphyxiating chokehold and keeping him in it even after he was debilitated? From where we sit, it feels wrong to endorse his actions and its consequences. That having been said, we didn't sit on the jury and didn't hear all the evidence, so we're loathe to replace our judgment with that of all 12 of Penny's peers who are doing their essential duty. This was a difficult judgment call. Penny did the right thing up to a point, and reasonable minds can disagree about when that point arrived, the board wrote. There is no debate, however, that New York is a place where far too many people who need and deserve extensive mental health treatment, even assertive treatment that they never asked for, are rarely if ever going to get it. And that's a tragedy. In USA Today, Sarah Pequeno said Jordan Neely needed help, not a death sentence. People on the right have celebrated Penny, saying he acted to protect the people on the subway. His supporters donated more than $3 million for his legal expenses on a Christian fundraising platform. It completely disregarded the fact that Neely was unarmed and in mental distress, pequino wrote. This case is about more than public safety. It's about racial justice, homelessness and mental health care. It's about how our systems fail vulnerable members of our society. It's about the human being who lost his life and the ways he was failed while alive. Neely's life mattered. It should not have mattered that he was experiencing homelessness and was in the midst of a mental health crisis. I understand that people do not want to feel uncomfortable on public transportation. I also think Penny or anyone else on the subway could have acted in ways to de escalate the situation that did not involve a chokehold in the New York Times, Ginnia Belafonte suggested in the Penny trial the moment may have mattered as much as the evidence. The verdict rendered in a case involving a momentary eruption of erratic behavior by an unstable man suggests the extent to which New Yorkers have lost faith in the prospect of their physical safety, belafonte wrote. The city emerged from the depths of the pandemic with a rise in subway crime marked by a series of terrifying events that began in January 2022 when Michelle Go, a 40 year old banker, died after she was shoved into the path of an oncoming train at Times Square by someone with psychosis. From that moment through mid October of The following year, 37 people were pushed off of subway platforms, episodes that dominated coverage in the tabloids. Had Mr. Neely died during an encounter with a young white Marine several years earlier, it would have been easy to imagine a broad movement forged in his name, a coalition of activists and bourgeois liberals like those who protested the murder of George Floyd. Belafonte said the Neely cases lacked the same fire. The mood seems to have shifted. Many of those same mothers who faced off against a brigade of cops in riot gear now worry about their children on the subways. Outside the courthouse at 100 Center street on Tuesday, the final day of closing arguments, the crowd of protesters was small. All right, that is it for what the left is saying. Which brings us to what the right is saying. The right celebrates Penny's acquittal but says he should never have been charged. Some say Penny's actions in the subway car were those of a Good Samaritan. Others criticized the left's attacks on Penny throughout the case, the Free Press's editors argued. A just verdict for Daniel Penny does not erase the cynical, wrong headed and unwarranted prosecution. Good for the jury for finding Daniel Penney not guilty. But this does not erase the cynical, wrong headed and unwarranted prosecution by Manhattan District Attorney Alvin Bragg against a good Samaritan. The editor said. Neely, a homeless man, had been arrested 42 times between 2013 and 2021. Other subway riders at the scene reported feeling terrorized as Neely said he was ready to die. When the police questioned Penny, he said that his only intent had been to protect the others in the subway car that morning. Yet Bragg threw the book at Penny, charging him with both manslaughter in the second degree and criminally negligent homicide. The DA's decision to prosecute Daniel Penney was no anomaly. Bragg's tenure has been marked by priorities that don't serve the public and a nonchalant attitude toward criminal behavior that has been all but guaranteed. An increase in crime in New York, the editors wrote. Bragg has made New York a more dangerous city. What's more, ignoring real crime has gone after politically convenient targets like Daniel Penny, generating an enormous amount of cynicism among New Yorkers. In USA Today, Nicole Russell called Penney's acquittal a victory for justice. Reports on the deadly incident seemed to divide Americans over racial justice issues privileged white man versus Homeless black man. But the Penny case also involved questions that have nothing to do with skin color. What level of threat are we willing to live with? Is it morally right for a bystander to use force to stop a threat? Russell wrote. To me, Penny is a hero who intervened to protect the people who couldn't protect themselves. The jury was right to acquit him, and the fact that he was on trial at all is an outrage. The prosecutor's case looked weak throughout the trial. Despite substantial evidence, including video footage and eyewitness accounts showing that Penny had acted heroically, prosecutors still brought the case against him, Russell said. When I first saw footage from the subway car, I felt sorrow for Neely, but also relief that men like Penny exist. I've been in dozens of scenarios where I felt unsafe, and while my safety is my responsibility, I've also found myself at times looking for the nearest Daniel Penny. In National Review, Noah Rothman wrote, do not forget Daniel Penny's tormentors. Penny's defamers deployed all the emotional blackmail in their arsenals to convince New Yorkers that Neely was a wholly sympathetic victim, rothman said. Jordan Neely was murdered, said Representative Alexandria Ocasio Cortez, recklessly dispensing with the presumption of innocence. Congressman Jamaal Bowman agreed with his progressive colleague. Neely was just another black man publicly executed, he said. State Senator Jabari Brisport apparently thought Bowman was not being hysterical enough. Jordan Neely was lynched, he wrote. All of it amounted to an effort to try Daniel Penney in the court of public opinion. Democrats filtered this event through a highly abstract philosophical framework that rendered Neely and Penney one dimensional caricatures in a grand political drama. That abstraction was unrecognizable to New York City's subway writers. It certainly didn't connect with the jury, rothman wrote. In lieu of social justice, a New York City courtroom dispensed actual justice on Monday. Surely city residents will take a measure of solace in this triumph of common sense, even if their elected officials have theorized themselves out of experiencing any solidarity with the city they claim to represent. All right, let's head over to Will for his take.
Will Kaback
All right, that's it for what the left and right are saying. Which brings us to my take. Reminder this is Tangle editor Will Kaback. I authored today's essay on the case, and I'll be reading the piece, so let's get into it. Some days, when we cover a conflict abroad or a complicated issue outside our immediate area of expertise, the topic at hand can feel distant or hard to grasp. For me, this is not one of those stories. I've lived in New York City for years, I've ridden the subway countless times, and I know what it's like to be in a confined public place with someone obviously in the midst of a crisis. I haven't always just been a witness to these events either. On a handful of occasions, I felt compelled to confront a person acting erratically toward another passenger. In one instance, a man the entire subway car witnessed taking drugs minutes earlier screamed in my face when I stepped between him and a group of elementary school age kids he was accosting. Another time, I was in a nearly empty car late at night with a woman sitting by herself and another man who was yelling at her. When I told him to stop, the guy said he would fuck me up, then got off the car at the next stop. Other situations were less confrontational. A group of friends and I helped a clearly inebriated man off the subway after he repeatedly lost his balance and crashed into other passengers. We bought him a bottle of water, he thanked us and we all went on our way. These experiences are All a part of living in New York City, and they have never dissuaded me from taking the subway. I use New York's public transit system around 10 times a week, and the vast majority of my rides are completely uneventful. The data backs this up. Transit crime has dropped significantly in the past few years, and the total of a few thousand annual arrests aboard the MTA is relatively low for a system with a daily ridership of roughly 3.6 million. Still, uncomfortable encounters that don't quite rise to criminality are commonplace. And the crimes that riders like me do witness can loom large in our memories, particularly the random acts of violence or attacks on passengers who are effectively trapped. That could explain why, despite the overall crime totals being low, only 45% of riders say they feel safe on the train. Like most New Yorkers, my experiences on the subway immediately came to mind when I first learned about Jordan Neely's death and the circumstances that preceded it. As more details came out that Neely was severely mentally ill, that Daniel Penney held him in a chokehold for several minutes, that Neely had been aggressively confronting passengers on the train beforehand, that Penny had a military background, I felt increasingly conflicted about the case. Watching the video of the incident, I shared many of Isaac's thoughts from when we first covered the story. The length of the chokehold seemed excessive and reckless, with Penny maintaining his restraint well after the car had cleared. Penny is also a physically imposing veteran trained in martial arts, and he should have been able to restrain Neely without killing him. On the other hand, Neely did instigate a volatile situation that was atypical even for the New York subway. Footage from the immediate aftermath of the incident suggests Neely became aggressive as soon as he entered the train. Here are a few quotes from passengers who police interviewed. The first quote, he started taking off his sweater and he threw it. And then he told everyone that he had, like, a rough day and he don't care what happens today. He don't care about going to jail, but somebody's dying today. Quote number two, he was ready to risk it all. Basically, he was about to hurt somebody, threw his jacket on the floor. He's like, I'm ready to hurt somebody. I'm ready to do this. Quote number three, I think this guy was on drugs, because when he came in, he was unbelievably off the charts. He scared the living daylights out of every everybody. Hearing these statements, I started to think Penny's actions, aggressive as they were, could be legal. Remember, the prosecution had to prove that Penny caused Neely's death and that he was not justified and either reckless or criminally negligent. I think his actions could have been justified in the interest of public safety. Other passengers felt threatened enough by Neely that they helped Penny restrain him, even after Penny had him subdued. Watching these videos, it's hard to buy that Penny was motivated by a desire for vigilante justice, racial animus, or a combination of the two. I think it's far more plausible to say that he was thrust into a situation where he had seconds to choose between taking action or risking his safety and that of others. And that some combination of fear and adrenaline made him hold the headlock more tightly than he realized and for longer than he needed to. Morally, Penny's actions are in a gray area. Can Penny have been right to intervene, but wrong in how he went about it? Would it have been more wrong to wait until Neely started attacking passengers? And what sense of duty should we feel to each other in these situations? I can't say I have the answer to any of these questions legally. The more pertinent question is whether Penny's actions were causal, unjustified, and either reckless or negligent. The medical examiner said Neely died of compressions to the neck. Penny maintained the choke hold after the train had stopped and the passengers were able to exit. He kept it applied when another passenger warned him that Neely could die. And he continued to hold it for roughly a minute after Neely went limp. Though it should be noted another passenger who was also restraining Neely said Penny wasn't squeezing anymore at that point. Furthermore, Penny's comments to investigators that Neely was, quote, a crackhead and quote, these were the guys who were pushing people in front of trains certainly suggest that he had made assumptions about Neely before tackling him. We can't know what went through the jurors minds as they heard the case or even see all the evidence they considered. But we do know some of the jurors had experienced harassment on the subway themselves. Like me, their experiences were probably front of mind while they considered the testimony. Ultimately, they decided that Penny's actions were not criminal. While my own uncertainties about the carelessness of Penny's actions remain, I think the jury reached the right outcome. That's not to say I think Neely deserved to die or that we should accept these outcomes as a normal part of society, but simply that there are too many complicating factors to view Penny's actions as criminal, beyond a reasonable doubt, as an outside observer. I think Penny should have been able to control himself and minimize the risk to Neely's life. But even ceding that Penny's chokehold was negligent and that it killed Neely, it's hard for me to say definitively he was legally not justified. With this in mind, I don't think sending Penny to prison would have been a just outcome. Many on the right are adamant that District Attorney Alvin Bragg's decision to even charge Penny was a miscarriage of justice. While progressives frame this outcome solely through of racial injustice, both are simply not seeing the whole picture. Penny killed someone in public who was unarmed and had not attacked anyone at that point, so he deserved to be charged. Legitimate arguments alleging Penny attacked recklessly were brought before a jury. Penny was then acquitted after a fair trial. That's our legal system working. Of course, broader societal questions underpinning the case remain about the way we treat people with mental illness, about public safety, about our duty to our fellow citizens. The response to this case suggests we are failing to address these questions sufficiently for now. Then we'll have to live with the limited resolution that Penny's acquittal offers. We'll be right back after this quick break.
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Isaac Saul
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Will Kaback
All right, that is it for today's My Take section. Which brings us to our listener question. Amy in Ohio writes, what do you think of the message that Casey and Callie Means are trying to spread about the state of American health and how our political systems are impacting it? I'm very amenable to the message that the Means siblings are pitching. Every time we write about Robert F. Kennedy Jr. I always start out by saying that he makes very real points convincingly about how our country is in the midst of a number of chronic health crises. I think RFK has a lot of baggage, to say the least. So I'm always dismayed that someone with his issues has become the de facto spokesperson for what ought to be a cause that appeals to everyone. The mean siblings aren't without their own baggage. Callie once called Administering COVID 19 vaccines to children a war crime. However, I think that obvious hyperbole is really the only strike I have against them. The meanses have argued convincingly that our government and healthcare systems are littered with perverse incentives, and I agree. We even published a reader essay about that very topic not too long ago, and I don't think it's all that controversial. Even though they're getting more influence within Trump's orbit, their message about promoting a healthy lifestyle instead of seeking medical interventions first would fit in pretty well with the Biden administration that's tried to pitch food as medicine, and Casey even said she agrees with many of Michelle Obama's health initiatives. I think we can actually see a polarization mindset similar to what we have in our politics playing out in healthcare right now. On one side are people who hear the message that the mean siblings are communicating by saying that not only are we chronically sick, but our healthcare systems actually make us sicker. Then on the other side are people who say that our systems are strong or at least solid, that we should trust our experts, and that any critiques from non experts are dangerous. I really don't think you have to go to either extreme to appreciate what Casey and Callie means are saying that is it. For your questions answered. I'll send it back to John for the rest of the podcast and we'll be back tomorrow. Thanks everybody.
Isaac Saul
Thanks Will. Here's your under the Radar story for today, folks. American workers are falling behind their counterparts in other industrialized countries, according to the results of a test measuring job readiness and problem solving. The test, which assesses skills like reading a thermometer or planning an itinerary, was given in 31 countries or economic regions. The United States ranked 14th in literacy, 15th in adaptive problem solving, and 24th in numeracy. Math and problem solving scores in particular were lower among American workers than they were in 2017, when the exam was last administered. There's a dwindling middle in the United States in terms of skills, said Peggy Carr, commissioner of a statistical agency at the Education Department. Over time, we've seen more adults clustered at the bottom. The Wall Street Journal has this story, and there's a link in today's episode Description all right, next up is our numbers section. The approximate number of riders on the New York city subway in 2023 was 1.15 billion, according to the Metropolitan Authority. The approximate number of riders on the New York city subway in 2019 was 1.7 billion. The percentage of New York City subway customers who said they felt safe on trains in spring of 2022 was 38%, according to the MTA's Customers Count survey. The percentage of New York City subway customers who said they felt safe on trains in spring of 2023 was 50%. The percentage of New York City subway customers who say addressing people behaving erratically would improve their overall satisfaction with the subway is 44%. The approximate number of adults in New York City who experience a mental health disorder in a given year, roughly equal to that of the national average, is 1 in 4, according to a 2024 report from the city's Department of Health and Mental Hygiene. The percentage of adults in New York City with a diagnosed mental health disorder who report having unmet mental health needs is 34%, and the percentage of adult New Yorkers who have been diagnosed by a healthcare professional with schizophrenia, schizoaffective disorder or psychosis is 1%. All right, and last but not least, our have a nice day story Wherever he goes, Josh Party leaves a butterfly. He began making origami butterflies about a year ago when his mom was undergoing chemotherapy treatments. Pardi donates the butterflies to a cancer center, a shelter for victims of human trafficking, and gives them as gifts to anyone who could use cheering up. Not only has Pardee himself made and distributed origami butterflies, but he has led those in his scouting troop to do the same. I'm hoping it spreads, pardee says. I've learned that there's not enough kindness in the world and I want to add to it. The Beatrice Daily sun has this story and there's a link in today's episode description. Alright everybody, that is it for today's episode. As always, if you'd like to support our work, Please go to retangle.com and sign up for a membership. You can also head over to tangled media.supercast.com and sign up for a premium podcast membership, which gets you ad, free daily podcasts, Friday editions, Sunday editions, interviews, bonus content and so much more. We'll be right back here tomorrow. For Isaac, Will and the rest of the crew, this is John Law signing off. Have a great day, y'all. Peace.
Will Kaback
Our podcast is written by me, Isaac Saul and edited and engineered by D. Thomas.
Isaac Saul
Our script is edited by Ari Weitzman.
Will Kaback
Will K Back, Bailey Saul and Sean Brady. The logo for our podcast was made by Magdalena Bova, who was also our social media manager. The music for the podcast was produced by Diet75. And if you're looking for more from Tangle, please go check out our website@readtangle.com that's readtangle.com.
Isaac Saul
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Will Kaback
Not sure what that means? Well, here's a slightly more specific hint. You can choose four free phones and get four lines for $90 a month from US Cellular.
Isaac Saul
Your family wants new phones, so how do we know? They told us.
Will Kaback
Yeah, the good news is that compared to wrapping presents, you're great at getting hints.
Isaac Saul
So take the hint and get them four free phones and four lines for $90 a month.
Will Kaback
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Claude
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Podcast Summary: Tangle – Episode: The Daniel Penny Verdict
Host: Isaac Saul
Guest: Will Kaback, John Sullivan
Release Date: December 11, 2024
Episode Title: The Daniel Penny Verdict
In this episode of Tangle, host Isaac Saul delves into the recent verdict of Daniel Penny, a former Marine acquitted of criminally negligent homicide in the death of Jordan Neely. The discussion explores various perspectives surrounding the case, highlighting reactions from both the political left and right, and culminates with editor Will Kaback's personal analysis.
Time Stamp: 05:25
Verdict Details: A Manhattan jury found Daniel Penny, 26, not guilty of criminally negligent homicide related to the death of Jordan Neely, a 30-year-old homeless street artist. Penny was previously charged with second-degree manslaughter, which was dismissed due to a hung jury.
Incident Description: In May of the previous year, Neely boarded a New York City subway car and began acting erratically, threatening passengers. Penny approached Neely from behind and placed him in a chokehold for several minutes until other passengers assisted in restraining him. A video of the incident circulated widely, triggering public outcry.
Legal Proceedings: District Attorney Alvin Bragg initially charged Penny with second-degree manslaughter and criminally negligent homicide. The prosecution argued that Penny's actions were reckless and unjustified, while the defense highlighted Neely's mental health issues and the immediate threat perceived by Penny.
Courtroom Reactions: Post-verdict, Neely's father, Andre Zachary, expressed profound grief and frustration, emphasizing the personal and societal tragedies surrounding the case.
Time Stamp: 09:26 – 17:11
Critical Perspectives:
New York Daily News Editorial Board: Highlighted systemic failures in mental health care and the criminal justice system, questioning whether Penny should have been absolved for his excessive use of force. They acknowledged the complexity of the case but underscored the inadequacies in supporting individuals like Neely.
Sarah Pequeno, USA Today: Argued that the case transcends public safety, touching on racial justice, homelessness, and mental health care. Pequeno emphasized that Neely's life mattered regardless of his socio-economic status and mental state, advocating for more compassionate and de-escalative approaches.
Ginnia Belafonte, The New York Times: Noted that the verdict reflects a broader loss of faith in public safety among New Yorkers, exacerbated by a rise in subway-related crimes post-pandemic. Belafonte pointed out the lack of significant activism in Neely's case compared to similar incidents involving racial bias.
Notable Quotes:
Daphna Yorin, Assistant Prosecutor: “You obviously cannot kill someone because they are crazy and ranting and looking menacing, Jordan said in her closing argument.” [05:23]
New York Daily News: “Penny did the right thing up to a point, and reasonable minds can disagree about when that point arrived.” [09:26]
Time Stamp: 09:26 – 17:11
Supportive Stance:
Free Press Editorial Board: Celebrated the acquittal, labeling the prosecution as unwarranted and criticizing District Attorney Bragg's handling of the case. They portrayed Penny as a Good Samaritan who acted to protect fellow passengers.
Nicole Russell, USA Today: Viewed Penny as a hero who intervened to safeguard others, criticizing the prosecution for targeting someone who acted under threat. Russell lauded the jury’s decision as a triumph for justice.
Noah Rothman, National Review: Defended Penny against accusations of racial animus, attributing the harsh prosecution to political motivations. Rothman emphasized the importance of common sense and actual justice over social justice narratives.
Notable Quotes:
Nicole Russell, USA Today: “To me, Penny is a hero who intervened to protect the people who couldn't protect themselves.” [09:26]
Noah Rothman, National Review: “In lieu of social justice, a New York City courtroom dispensed actual justice on Monday.” [09:26]
Time Stamp: 17:11 – 25:28
Will Kaback offers a nuanced analysis, drawing from his personal experiences in New York City’s subway system:
Personal Experiences: Kaback shares instances where he intervened in subway altercations, highlighting the everyday challenges and safety concerns faced by commuters.
Case Analysis:
Mixed Emotions: Kaback expresses conflicted feelings about the verdict, acknowledging both Penny’s excessive use of force and the chaotic environment that led to the incident.
Legal Justification: He contemplates whether Penny’s actions were legally justifiable in the interest of public safety, considering the perceived immediate threat Neely posed.
Moral Ambiguity: Kaback grapples with the ethical implications of Penny’s intervention, questioning the balance between self-defense and excessive force.
Conclusion: While recognizing the complexity of the case and the factors influencing the jury's decision, Kaback posits that Penny’s actions, though problematic, may not have met the threshold for criminal conviction. He underscores the need for broader societal discussions on mental health, public safety, and community responsibility.
Notable Quotes:
Will Kaback: “Morally, Penny's actions are in a gray area. Can Penny have been right to intervene, but wrong in how he went about it?” [17:11]
Will Kaback: “I think Penny should have been able to control himself and minimize the risk to Neely's life. But even ceding that Penny's chokehold was negligent and that it killed Neely, it's hard for me to say definitively he was legally not justified.” [25:28]
Under the Radar Story:
Listener Question:
The episode wraps up with encouragement for listeners to engage with Tangle through memberships and subscriptions, ensuring continued access to in-depth political discussions and independent analyses.
Daphna Yorin, Assistant Prosecutor:
“You obviously cannot kill someone because they are crazy and ranting and looking menacing.” [05:23]
Nicole Russell, USA Today:
“To me, Penny is a hero who intervened to protect the people who couldn't protect themselves.” [09:26]
Noah Rothman, National Review:
“In lieu of social justice, a New York City courtroom dispensed actual justice on Monday.” [09:26]
Will Kaback:
“Morally, Penny's actions are in a gray area. Can Penny have been right to intervene, but wrong in how he went about it?” [17:11]
“I think Penny should have been able to control himself and minimize the risk to Neely's life. But even ceding that Penny's chokehold was negligent and that it killed Neely, it's hard for me to say definitively he was legally not justified.” [25:28]
Conclusion
This episode of Tangle provides a comprehensive examination of the Daniel Penny verdict, presenting diverse viewpoints and thoughtful analysis. By navigating the complex interplay of legal standards, societal expectations, and personal ethics, the discussion underscores the multifaceted nature of justice in high-stakes, emotionally charged cases.