Penny acquitted (12-09-2024--Hour1)

[00:00:04] What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to 3 on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to thepetekalendershow.com. Make sure you hit the subscribe button, get every episode for free, right to your smartphone or tablet. And again, thank you so much for your support.

[00:00:28] So, the breaking news today is that Daniel Penny has been found not guilty of criminally negligent homicide in the subway chokehold death of Jordan Neely. This is the lower charge because the higher charge was abandoned by the prosecutors.

[00:00:57] We're going to get into this. Fox News reports that the verdict comes after jurors told the court on Friday morning that they could not reach an agreement on the top charge, second-degree manslaughter.

[00:01:13] Prosecutors moved to dismiss that charge, prompting the judge to controversially allow them to only deliberate the second charge.

[00:01:24] That's what happened Friday.

[00:01:26] And then the jury comes back in and they unanimously acquit on the lower charge because they were all apparently racists.

[00:01:40] Penny, a 26-year-old Marine veteran and architecture student who's white, Neely was black.

[00:01:48] And so, of course, that's the only explanation that you could come to in this case, right, is you have to look at the races and then boil everything down to that.

[00:02:02] And so, because the man who died was black and the man who put him in a chokehold to subdue him so he wouldn't attack people on the subway car, as he was saying he was intending to do, the race is the only thing that matters.

[00:02:20] Oppressor, oppressor, oppressed, narrative, everything through the neo-Marxist CRT prism.

[00:02:31] Penny was charged with manslaughter and criminally negligent homicide for the subway chokehold death.

[00:02:38] Neely was a 30-year-old homeless man with schizophrenia who barged onto the train shouting death threats while high on a type of synthetic marijuana known as K2.

[00:02:52] Which, of course, had nothing to do with his death.

[00:02:58] And by the way, did you know that when the first responders got there, when the cops got there, they wouldn't even touch him?

[00:03:04] Because they didn't want to get infected with what he might possibly be carrying.

[00:03:13] So disgusting was Jordan Neely at the time when he went onto that subway car.

[00:03:21] Daniel Penny subdued him.

[00:03:26] And if we are to believe the first responders and their fears of contracting some sort of communicable disease,

[00:03:36] Daniel Penny risked his life.

[00:03:39] Daniel Penny subdued the man holding him down for six minutes,

[00:03:44] which I believe I said this last week, if you're going to put somebody in a chokehold to kill them,

[00:03:52] they're going to die way earlier than six minutes.

[00:03:56] Way earlier.

[00:03:58] You can't live that long without oxygen.

[00:04:03] Penny's side of the courtroom erupted in cheers,

[00:04:06] prompting an angry response from Neely's side,

[00:04:10] including his father, who, lo and behold, is back in the picture.

[00:04:14] Right?

[00:04:15] Abandoned the family,

[00:04:17] sending Neely into foster care

[00:04:21] and a life on the streets.

[00:04:24] But there's money to be made here,

[00:04:27] so all of a sudden Neely's dad's back in the picture

[00:04:30] looking to sue Daniel Penny.

[00:04:36] This guy's name is Andre Zachary.

[00:04:40] He had to be escorted out of the courthouse,

[00:04:43] along with several Black Lives Matter leaders,

[00:04:47] because somebody clapped.

[00:04:49] Which, look, when these verdicts come in,

[00:04:51] I get it.

[00:04:52] I've been in the courtroom enough times to see it.

[00:04:56] It is very difficult

[00:04:58] for all of the family members

[00:05:00] on both sides of a case like this.

[00:05:02] It's difficult

[00:05:03] to watch the verdict come in

[00:05:05] and to lose.

[00:05:07] And it's difficult to restrain yourself

[00:05:12] when your son or brother or husband

[00:05:17] has just been acquitted

[00:05:19] and was looking at up to 15 years in prison.

[00:05:23] Right?

[00:05:24] And so there's relief.

[00:05:26] There's gratitude.

[00:05:27] There's joy.

[00:05:28] And it's difficult to restrain yourself.

[00:05:32] And the judge usually instructs the crowd,

[00:05:35] do not engage in any outbursts.

[00:05:40] I don't want to hear anybody cheering.

[00:05:41] I don't want to hear anybody yelling.

[00:05:44] That's on the judge

[00:05:45] to keep control of the courtroom

[00:05:47] and to tell everybody

[00:05:48] before the verdict gets read

[00:05:50] what the expectation is

[00:05:54] for everybody in that gallery.

[00:05:56] But somebody clapped

[00:06:00] on Penny's side

[00:06:03] and

[00:06:04] Jordan Neely's

[00:06:05] newfound father,

[00:06:07] Andre Zachary,

[00:06:08] or newly returned,

[00:06:09] the prodigal father,

[00:06:10] has returned, I guess.

[00:06:11] Zachary turned

[00:06:12] at that person

[00:06:13] who had clapped.

[00:06:14] I don't know who it is

[00:06:15] according to this Fox News story.

[00:06:19] And the father says

[00:06:21] to this other person,

[00:06:22] are you trying to get

[00:06:24] bleepin' killed?

[00:06:29] That's a threat.

[00:06:32] That is a threat.

[00:06:33] Are you trying to get killed

[00:06:36] because this person

[00:06:38] was happy

[00:06:39] that Daniel Penny

[00:06:40] was acquitted

[00:06:41] that would not be going

[00:06:42] to prison

[00:06:43] for 15 years,

[00:06:44] up to 15 years?

[00:06:46] And this was another thing,

[00:06:47] remember,

[00:06:47] last week we went over this

[00:06:49] that the DA's office

[00:06:51] had been

[00:06:51] putting this word out,

[00:06:54] talking to reporters,

[00:06:55] calling up newsrooms,

[00:06:57] trying to make,

[00:06:59] I call it working the refs,

[00:07:01] you know,

[00:07:02] kind of like at a

[00:07:04] basketball game

[00:07:05] where the referees

[00:07:06] might not be seeing

[00:07:07] all of the fouls

[00:07:09] that the opponents

[00:07:10] are committing

[00:07:11] so you kind of

[00:07:11] work the refs,

[00:07:12] you know,

[00:07:13] you're like,

[00:07:13] hey,

[00:07:13] what's going on,

[00:07:14] ref?

[00:07:14] Look over there,

[00:07:15] and oh,

[00:07:15] he's doing this,

[00:07:16] and he's doing that,

[00:07:17] whatever,

[00:07:17] and you just keep

[00:07:18] working the refs

[00:07:19] in order to try

[00:07:20] to get better calls.

[00:07:21] And that's what

[00:07:22] the prosecutors

[00:07:22] did last week,

[00:07:24] trying to get media coverage

[00:07:26] to focus on

[00:07:28] this idea that,

[00:07:29] well,

[00:07:30] you know,

[00:07:30] Daniel Penny

[00:07:30] might actually

[00:07:31] not get any

[00:07:32] jail time.

[00:07:34] It's because

[00:07:35] the prison sentence,

[00:07:38] the term,

[00:07:39] runs anywhere

[00:07:40] from zero

[00:07:41] to 15 years.

[00:07:44] And so it could be zero.

[00:07:45] So you should really

[00:07:46] focus on that,

[00:07:47] Mr. Reporter person.

[00:07:49] Yeah,

[00:07:50] that needs to be

[00:07:50] a focal point

[00:07:51] of your coverage,

[00:07:53] that he could actually

[00:07:54] not even go to jail.

[00:07:55] Now,

[00:07:55] why would the prosecution

[00:07:56] be saying that?

[00:07:58] Why would prosecutors

[00:07:59] have brought a case

[00:08:00] to win a conviction

[00:08:03] to then not ask

[00:08:04] for any jail time

[00:08:05] at all?

[00:08:07] That's a political

[00:08:07] prosecution.

[00:08:09] That's what that is.

[00:08:10] That's what that would

[00:08:10] look like.

[00:08:11] There's a reason

[00:08:12] why it looks like that.

[00:08:13] It's because

[00:08:13] it was

[00:08:15] a political prosecution.

[00:08:17] In fact,

[00:08:17] we know it

[00:08:18] even more so

[00:08:19] because there was

[00:08:19] a similar situation

[00:08:20] where a black man

[00:08:22] stabbed and killed

[00:08:24] somebody on a train

[00:08:25] like roughly

[00:08:27] about the same

[00:08:28] time period

[00:08:28] that Daniel Penny

[00:08:29] had restrained

[00:08:30] this fella,

[00:08:31] Jordan Neely,

[00:08:32] there was another guy

[00:08:33] but he was black

[00:08:35] and he stabbed

[00:08:36] and killed

[00:08:37] a homeless guy

[00:08:38] on a train

[00:08:39] that was threatening

[00:08:40] other people.

[00:08:41] I think that guy

[00:08:42] had a weapon

[00:08:43] and so this other

[00:08:44] subway strap hanger

[00:08:46] killed a guy

[00:08:47] with a knife

[00:08:49] and the same

[00:08:51] DA's office

[00:08:52] did not prosecute

[00:08:54] him.

[00:08:57] Hank Newsome,

[00:08:59] a leader of the

[00:09:00] Black Lives Matter

[00:09:01] New York chapter,

[00:09:02] not sure how many

[00:09:03] homes he has purchased

[00:09:04] with all of the

[00:09:05] funding that BLM

[00:09:06] has received

[00:09:07] but he commented

[00:09:08] that,

[00:09:09] quote,

[00:09:10] it's a small world.

[00:09:13] So,

[00:09:14] here you have

[00:09:16] Neely's

[00:09:17] prodigal father

[00:09:18] glaring at

[00:09:20] somebody on

[00:09:20] Penny's side

[00:09:22] of the aisle

[00:09:23] saying,

[00:09:24] are you trying

[00:09:25] to bleep

[00:09:25] and get killed

[00:09:27] when that person

[00:09:28] clapped

[00:09:29] and then the

[00:09:30] BLM leader says,

[00:09:31] yeah,

[00:09:32] it's a small world.

[00:09:33] In other words,

[00:09:33] we'll find you.

[00:09:34] We can find out

[00:09:35] who you are

[00:09:36] and

[00:09:38] we will target

[00:09:39] you for clapping,

[00:09:40] for being relieved

[00:09:41] that Daniel Penny

[00:09:42] wasn't convicted.

[00:09:46] Others on Neely's

[00:09:47] side of the courtroom

[00:09:48] were seen

[00:09:49] weeping at the

[00:09:50] verdict.

[00:09:51] Neely had a lengthy

[00:09:52] criminal record,

[00:09:53] an active arrest

[00:09:54] warrant was out

[00:09:55] on him at the time

[00:09:55] as a matter of fact.

[00:09:57] He had a history

[00:09:58] of psychosis,

[00:09:59] he was high

[00:09:59] on K2,

[00:10:02] a stimulant,

[00:10:03] and he also

[00:10:04] had the sickle cell

[00:10:05] trait genetic disorder,

[00:10:07] which I'm not sure

[00:10:08] what that has to do

[00:10:09] with his behavior

[00:10:10] that day,

[00:10:11] but maybe it did.

[00:10:12] Just three days

[00:10:13] earlier,

[00:10:15] a strap hanger

[00:10:16] had been stabbed

[00:10:17] with an ice pick

[00:10:18] on a J train,

[00:10:19] according to reports

[00:10:20] from that time.

[00:10:22] It was about a month

[00:10:23] after a PBS reporter

[00:10:24] got sucker punched

[00:10:25] on the number four train

[00:10:26] and there was a shove

[00:10:28] a week before that

[00:10:29] and the victim

[00:10:30] hit the side

[00:10:31] of a moving R train,

[00:10:32] but that person survived.

[00:10:34] In that climate,

[00:10:36] that climate of fear,

[00:10:38] witnesses said

[00:10:39] they were terrified

[00:10:40] by Jordan Neely

[00:10:42] who shouted

[00:10:43] death threats

[00:10:44] at them.

[00:10:46] That's the context.

[00:10:49] The subway system

[00:10:50] had become

[00:10:51] and still is

[00:10:52] pretty dangerous.

[00:10:54] So dangerous,

[00:10:55] in fact,

[00:10:56] that the governor

[00:10:56] had to bring

[00:10:57] the National Guard

[00:10:59] into the subway.

[00:11:00] I was up there

[00:11:00] last summer.

[00:11:03] I was following

[00:11:04] these developments

[00:11:05] pretty closely

[00:11:06] because I was going

[00:11:07] to be in the city

[00:11:07] and I was going

[00:11:08] to be riding around

[00:11:09] on the subway

[00:11:09] and I wanted to know

[00:11:10] what I was walking into

[00:11:12] and the National Guard

[00:11:13] had to be deployed

[00:11:14] down there

[00:11:15] by the governor.

[00:11:17] That was the climate

[00:11:19] of fear

[00:11:21] because the blue city

[00:11:23] has lost control.

[00:11:25] These politicians

[00:11:26] with their stupid policies,

[00:11:28] they have lost control

[00:11:30] and people were scared.

[00:11:33] Their public safety

[00:11:34] was jeopardized

[00:11:35] and Daniel Penny

[00:11:36] stepped in

[00:11:37] in order to protect

[00:11:39] his fellow citizens,

[00:11:40] which is what you want

[00:11:42] people to do

[00:11:43] in a free society.

[00:11:46] That's what you want

[00:11:47] people to do.

[00:11:47] He behaved in a manner

[00:11:49] that you want,

[00:11:50] that you would want

[00:11:52] if it was your wife,

[00:11:54] your daughter,

[00:11:55] your kid

[00:11:55] that was on that subway

[00:11:57] that was being threatened

[00:11:58] by Jordan Ely.

[00:11:59] You would want somebody

[00:12:01] like Daniel Penny

[00:12:02] to come help.

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[00:13:04] Daniel Penny

[00:13:05] found not guilty

[00:13:08] on the lower charge,

[00:13:10] the lesser charge

[00:13:11] of criminally

[00:13:12] negligent homicide.

[00:13:13] Let me jump over

[00:13:14] and talk with Clay

[00:13:15] real quickly.

[00:13:16] Hello, Clay.

[00:13:17] Welcome.

[00:13:17] How are you?

[00:13:19] Hey, thanks for

[00:13:19] taking my call.

[00:13:21] I've been following

[00:13:22] this too,

[00:13:23] and you know,

[00:13:24] I hate someone

[00:13:26] lost their life.

[00:13:26] Let me get that

[00:13:27] straight.

[00:13:28] Yeah.

[00:13:28] But put this man

[00:13:31] in an airplane

[00:13:32] 30,000 feet up

[00:13:33] and he would have

[00:13:34] started flipping out

[00:13:35] like that,

[00:13:35] threatening to kill

[00:13:36] people.

[00:13:37] If somebody subdued

[00:13:38] him,

[00:13:39] they would have been

[00:13:39] a hero.

[00:13:40] Or put him in a

[00:13:41] school with kids.

[00:13:42] And you hit it

[00:13:43] right on the head

[00:13:44] when you said

[00:13:45] he protected a lot

[00:13:47] of people.

[00:13:48] People need to

[00:13:49] jump forward and

[00:13:50] do the same thing

[00:13:50] that guy did.

[00:13:51] Maybe not,

[00:13:52] you know,

[00:13:53] to that extreme,

[00:13:54] but I agree with

[00:13:56] what he did.

[00:13:57] And like I say,

[00:13:59] I hate someone

[00:13:59] lost their life,

[00:14:00] but more people

[00:14:02] need to do that

[00:14:04] and show,

[00:14:05] you know,

[00:14:05] why didn't the

[00:14:06] guy get help?

[00:14:07] Why didn't the

[00:14:08] family get him

[00:14:08] help if he was,

[00:14:10] they said he was

[00:14:11] mentally handicapped?

[00:14:13] Why do you think

[00:14:14] they didn't get him

[00:14:15] help or,

[00:14:16] you know,

[00:14:17] some kind of

[00:14:17] intervention with

[00:14:18] drugs or anything

[00:14:19] like that,

[00:14:19] you know?

[00:14:20] Well,

[00:14:20] I mean,

[00:14:20] look,

[00:14:21] anybody who's

[00:14:22] had a family

[00:14:22] or friend

[00:14:24] who has,

[00:14:25] you know,

[00:14:25] become addicted

[00:14:26] to drugs,

[00:14:28] has,

[00:14:28] you know,

[00:14:29] serious mental

[00:14:30] health issues,

[00:14:31] living out on

[00:14:32] the street.

[00:14:33] People know

[00:14:33] that's a very

[00:14:34] difficult cycle

[00:14:35] to break,

[00:14:36] but the

[00:14:38] abandonment

[00:14:38] of Jordan

[00:14:39] Neely by

[00:14:40] his family,

[00:14:42] by his parents,

[00:14:43] you know,

[00:14:43] goes way back.

[00:14:45] It was a long

[00:14:46] time ago.

[00:14:46] So,

[00:14:47] yeah,

[00:14:47] I don't know

[00:14:48] the answer to

[00:14:49] that.

[00:14:49] They're looking

[00:14:49] to make a bunch

[00:14:50] of money now.

[00:14:50] They're going

[00:14:51] to go after

[00:14:51] Penny in a

[00:14:52] civil case,

[00:14:53] I believe.

[00:14:53] They've already

[00:14:54] filed a lawsuit

[00:14:54] there.

[00:14:55] Clay,

[00:14:56] I appreciate

[00:14:56] the call.

[00:14:57] All right,

[00:14:57] hey,

[00:14:57] real quick,

[00:14:58] if you would

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[00:15:05] Pete at

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[00:15:27] Does the

[00:15:28] Daniel Penny

[00:15:29] acquittal

[00:15:30] mark the

[00:15:31] end of the

[00:15:32] BLM

[00:15:33] era?

[00:15:36] What do

[00:15:36] you think?

[00:15:37] Today's

[00:15:38] acquittal of

[00:15:39] Daniel Penny

[00:15:39] up in New

[00:15:40] York City?

[00:15:41] And by

[00:15:41] the way,

[00:15:42] a couple

[00:15:43] of,

[00:15:44] yeah,

[00:15:45] Cabot

[00:15:45] Phillips,

[00:15:46] he's a

[00:15:47] senior editor

[00:15:48] at the

[00:15:49] Daily Wire.

[00:15:52] He says,

[00:15:52] the courage

[00:15:53] of the

[00:15:53] Daniel Penny

[00:15:54] jurors

[00:15:54] should not

[00:15:55] go unnoticed.

[00:15:57] They knew

[00:15:58] the risks

[00:15:58] they faced

[00:15:59] by not giving

[00:16:00] the mob

[00:16:00] the verdict

[00:16:01] they wanted,

[00:16:02] but they

[00:16:02] did it

[00:16:03] anyway.

[00:16:04] That is

[00:16:05] exactly

[00:16:05] correct.

[00:16:06] Good for

[00:16:07] them.

[00:16:09] Also,

[00:16:10] now,

[00:16:10] I think

[00:16:10] we can

[00:16:11] kind of

[00:16:11] take a

[00:16:12] guess

[00:16:13] at the

[00:16:13] way

[00:16:14] they were

[00:16:15] voting

[00:16:16] on the

[00:16:17] more

[00:16:17] serious

[00:16:18] charge,

[00:16:18] where they

[00:16:20] said they

[00:16:20] couldn't come

[00:16:21] to a

[00:16:21] conclusion

[00:16:21] that they

[00:16:22] were

[00:16:22] deadlocked

[00:16:23] on the

[00:16:24] more

[00:16:24] serious

[00:16:25] charge

[00:16:25] on

[00:16:26] Friday.

[00:16:27] The

[00:16:28] fact that

[00:16:28] they

[00:16:28] deliberated

[00:16:30] for

[00:16:30] about an

[00:16:31] hour

[00:16:32] this morning

[00:16:33] on the

[00:16:33] lesser

[00:16:33] charge

[00:16:35] and

[00:16:36] then

[00:16:36] unanimously

[00:16:37] came to

[00:16:38] an acquittal.

[00:16:39] Seems like

[00:16:40] there was

[00:16:41] one,

[00:16:42] maybe two

[00:16:43] holdouts

[00:16:44] for a

[00:16:45] guilty verdict

[00:16:46] on the

[00:16:47] more

[00:16:47] serious

[00:16:48] charge.

[00:16:49] But I

[00:16:49] have no

[00:16:49] idea.

[00:16:50] You never

[00:16:50] know.

[00:16:51] Until the

[00:16:52] jurors come

[00:16:52] out and do

[00:16:53] interviews,

[00:16:54] we have no

[00:16:55] idea what

[00:16:55] those

[00:16:55] deliberations

[00:16:56] were about.

[00:16:58] Ron DeSantis,

[00:17:00] Governor of

[00:17:00] Florida,

[00:17:01] said the

[00:17:02] acquittal of

[00:17:02] Daniel Penny

[00:17:03] is clearly

[00:17:03] the just

[00:17:04] and correct

[00:17:05] verdict.

[00:17:06] I must

[00:17:06] admit I was

[00:17:07] skeptical

[00:17:07] that a jury

[00:17:08] in New York

[00:17:08] City would

[00:17:09] reach a

[00:17:09] unanimous

[00:17:10] not guilty

[00:17:10] verdict and

[00:17:11] the jury

[00:17:12] deserves credit

[00:17:13] for doing

[00:17:13] the right

[00:17:13] thing.

[00:17:14] Meanwhile,

[00:17:15] is there a

[00:17:16] worse prosecutor

[00:17:17] in America

[00:17:17] than Alvin

[00:17:18] Bragg?

[00:17:19] No, I

[00:17:20] don't think

[00:17:20] so.

[00:17:21] He is

[00:17:22] really awful.

[00:17:24] Back to

[00:17:25] the, oh,

[00:17:26] also, hang

[00:17:27] on a second,

[00:17:28] we have some

[00:17:29] more breaking

[00:17:29] news.

[00:17:31] The New York

[00:17:32] Times reporting

[00:17:33] a man is being

[00:17:35] held for

[00:17:35] questioning in

[00:17:36] connection with

[00:17:37] last week's

[00:17:38] killing of a

[00:17:39] health insurance

[00:17:40] executive in

[00:17:41] midtown

[00:17:41] Manhattan.

[00:17:42] According to

[00:17:43] three law

[00:17:44] enforcement

[00:17:44] officials briefed

[00:17:45] on the

[00:17:46] investigation,

[00:17:46] the man was

[00:17:47] identified based

[00:17:48] on a tip

[00:17:49] from somebody

[00:17:50] who spotted

[00:17:51] him at

[00:17:51] about 9.15

[00:17:52] this morning

[00:17:53] in a

[00:17:54] McDonald's

[00:17:55] in Altoona,

[00:17:57] Pennsylvania.

[00:17:58] The man

[00:17:59] who was

[00:18:00] detained

[00:18:00] at the

[00:18:01] McDonald's

[00:18:02] showed the

[00:18:02] police the

[00:18:03] same fake

[00:18:03] New Jersey

[00:18:04] identification

[00:18:05] that the man

[00:18:06] believed to be

[00:18:07] the gunman

[00:18:07] presented when

[00:18:08] he checked

[00:18:09] into a hostel

[00:18:10] on the

[00:18:11] Upper West

[00:18:11] Side of

[00:18:12] Manhattan

[00:18:12] back on

[00:18:13] November

[00:18:13] 24th.

[00:18:15] So used

[00:18:16] the same

[00:18:16] ID at

[00:18:20] the hostel

[00:18:21] as he

[00:18:21] showed to

[00:18:22] the law

[00:18:23] enforcement

[00:18:23] officers that

[00:18:24] spoke with

[00:18:25] him.

[00:18:25] This is,

[00:18:27] I don't

[00:18:28] know if this

[00:18:28] is the

[00:18:29] same,

[00:18:30] it may be,

[00:18:31] this may,

[00:18:31] this may also

[00:18:32] be New York

[00:18:33] Times,

[00:18:33] but I don't

[00:18:34] know.

[00:18:34] There's no

[00:18:34] attribution

[00:18:35] for the

[00:18:37] screenshot of

[00:18:37] this report.

[00:18:38] A person

[00:18:39] of interest

[00:18:39] was nabbed

[00:18:40] in the

[00:18:41] fatal shooting

[00:18:42] of United

[00:18:42] Healthcare

[00:18:42] CEO Brian

[00:18:43] Thompson,

[00:18:44] busted,

[00:18:44] possibly trying

[00:18:45] to use a

[00:18:45] fake ID

[00:18:46] in a

[00:18:46] McDonald's,

[00:18:49] which I'm

[00:18:50] not aware,

[00:18:50] like,

[00:18:52] I mean,

[00:18:53] if this was

[00:18:53] in Pennsylvania,

[00:18:55] do they have

[00:18:55] voter ID in

[00:18:56] Pennsylvania?

[00:18:56] I don't think,

[00:18:57] why would you

[00:18:58] even need it,

[00:18:58] like in

[00:18:59] Pennsylvania?

[00:19:00] Was he trying

[00:19:01] to vote at

[00:19:02] the Mickey

[00:19:02] D's?

[00:19:04] Well,

[00:19:05] I think the

[00:19:05] McRib is

[00:19:06] back.

[00:19:07] That,

[00:19:08] are they

[00:19:09] carting for

[00:19:10] McRibs?

[00:19:12] The man,

[00:19:13] whose sources

[00:19:13] said is being

[00:19:14] eyed for the

[00:19:15] cold-blooded

[00:19:16] targeted

[00:19:16] execution in

[00:19:18] front of a

[00:19:18] Manhattan hotel

[00:19:19] last week,

[00:19:20] allegedly had a

[00:19:21] manifesto on

[00:19:22] him when he

[00:19:24] was taken into

[00:19:24] custody by

[00:19:26] cops in

[00:19:27] Altoona,

[00:19:27] Pennsylvania.

[00:19:28] He also had

[00:19:29] a gun,

[00:19:30] a,

[00:19:31] well,

[00:19:31] they call it

[00:19:32] a silencer.

[00:19:32] It's not a

[00:19:33] silencer.

[00:19:34] It doesn't

[00:19:34] silence the

[00:19:35] gunshot.

[00:19:36] It suppresses

[00:19:37] it.

[00:19:37] You can

[00:19:38] still hear

[00:19:38] it.

[00:19:38] It's not

[00:19:39] silent.

[00:19:40] Anyway,

[00:19:41] four fake

[00:19:42] IDs and

[00:19:43] other items

[00:19:43] quote

[00:19:44] consistent

[00:19:45] with what

[00:19:46] authorities were

[00:19:47] looking for

[00:19:47] in the

[00:19:47] case.

[00:19:48] Now,

[00:19:49] look,

[00:19:49] there could

[00:19:49] be a

[00:19:50] perfectly

[00:19:51] reasonable

[00:19:51] explanation

[00:19:53] for why

[00:19:54] you've got

[00:19:55] the same

[00:19:55] fake ID

[00:19:56] that was

[00:19:57] used at

[00:19:57] the

[00:19:57] hostel.

[00:19:58] You've

[00:19:58] got the

[00:19:59] gun.

[00:19:59] You've

[00:20:00] got the

[00:20:00] suppressor.

[00:20:02] You've

[00:20:03] got a

[00:20:03] manifesto.

[00:20:05] That,

[00:20:05] I mean,

[00:20:05] that could

[00:20:07] be like

[00:20:07] any

[00:20:08] regular

[00:20:08] viewer of

[00:20:09] MSNBC

[00:20:10] at this

[00:20:10] point,

[00:20:11] right?

[00:20:11] Like,

[00:20:11] that's,

[00:20:12] you never

[00:20:12] know.

[00:20:14] So,

[00:20:15] that's some

[00:20:16] good news

[00:20:17] for criminal

[00:20:17] justice on

[00:20:18] this Monday,

[00:20:19] December 9th.

[00:20:22] All right,

[00:20:22] let me go

[00:20:22] back to,

[00:20:23] real quick,

[00:20:24] the Penny

[00:20:26] case.

[00:20:26] Because,

[00:20:27] what happened

[00:20:28] on Friday,

[00:20:29] where they

[00:20:30] dropped the

[00:20:31] more serious

[00:20:32] charge,

[00:20:32] the DA

[00:20:33] dropped the

[00:20:33] more serious

[00:20:34] charge,

[00:20:35] and,

[00:20:36] at first,

[00:20:37] the reaction

[00:20:38] was,

[00:20:39] oh,

[00:20:39] this is a

[00:20:39] good thing.

[00:20:40] But,

[00:20:41] what legal

[00:20:42] experts started

[00:20:43] pointing out

[00:20:43] is that,

[00:20:44] no,

[00:20:44] this is

[00:20:44] actually a

[00:20:45] very unusual

[00:20:46] thing for a

[00:20:47] DA to do,

[00:20:48] and it's

[00:20:49] essentially trying

[00:20:50] to get a

[00:20:50] second bite

[00:20:51] at the

[00:20:52] apple.

[00:20:55] The jury

[00:20:56] had said

[00:20:57] twice on

[00:20:58] Friday that

[00:20:59] it could not

[00:21:00] come to a

[00:21:00] consensus on

[00:21:01] the top

[00:21:02] charge of

[00:21:02] manslaughter.

[00:21:03] That should

[00:21:04] have been

[00:21:04] the end

[00:21:05] of it.

[00:21:05] It should

[00:21:06] have been

[00:21:06] a mistrial.

[00:21:08] The defense

[00:21:09] asked for

[00:21:11] a mistrial,

[00:21:12] but Assistant

[00:21:13] DA,

[00:21:14] Defna

[00:21:14] Yoran,

[00:21:16] idiot,

[00:21:17] decided that

[00:21:19] they should

[00:21:20] simply drop

[00:21:21] the manslaughter

[00:21:21] charge and

[00:21:22] then have

[00:21:23] the jury

[00:21:24] just deliberate

[00:21:24] on the

[00:21:25] second lesser

[00:21:26] charge.

[00:21:27] And the

[00:21:27] judge

[00:21:28] inexplicably

[00:21:29] agreed with

[00:21:30] this.

[00:21:31] Maxwell

[00:21:31] Wiley is

[00:21:32] his name.

[00:21:33] He agreed

[00:21:34] with prosecutors

[00:21:35] and poof,

[00:21:36] the more

[00:21:37] serious charge

[00:21:39] disappeared.

[00:21:41] Kirsten

[00:21:42] Fleming,

[00:21:43] writing at the

[00:21:43] New York

[00:21:43] Post,

[00:21:44] said dropping

[00:21:44] the manslaughter

[00:21:45] charge was

[00:21:46] all the more

[00:21:47] shocking

[00:21:47] because Yoran,

[00:21:49] idiot,

[00:21:50] fought in the

[00:21:51] mud for it.

[00:21:52] She grossly

[00:21:53] smeared Daniel

[00:21:54] Penny saying

[00:21:54] that he lied

[00:21:55] to police and

[00:21:56] he never

[00:21:56] showed any

[00:21:56] remorse.

[00:22:00] She called

[00:22:01] it a face

[00:22:02] saving measure

[00:22:03] for a farce,

[00:22:05] a last ditch

[00:22:06] effort for the

[00:22:07] DA to

[00:22:09] please a

[00:22:09] small number

[00:22:10] of progressive

[00:22:11] agitators

[00:22:12] with a trial

[00:22:13] that should

[00:22:14] never have

[00:22:14] been brought.

[00:22:15] Meanwhile,

[00:22:16] outside the

[00:22:16] courthouse,

[00:22:17] BLM leader

[00:22:18] Hawk Newsom

[00:22:19] comically

[00:22:20] declared,

[00:22:20] quote,

[00:22:21] the KKK

[00:22:21] got another

[00:22:22] victory.

[00:22:23] Yes,

[00:22:24] Manhattan,

[00:22:25] the hotbed

[00:22:26] of the Klan,

[00:22:27] as you know.

[00:22:29] He said

[00:22:29] racism has

[00:22:31] its tentacles

[00:22:31] all over this

[00:22:32] case and all

[00:22:33] over the minds

[00:22:34] of white

[00:22:35] America.

[00:22:36] Because all

[00:22:37] white people

[00:22:38] are racist,

[00:22:39] which that

[00:22:40] sounds kind

[00:22:40] of like a

[00:22:40] racist-y,

[00:22:42] bigoted,

[00:22:42] and prejudicial

[00:22:43] thing to believe,

[00:22:45] but okay.

[00:22:45] He says

[00:22:47] anybody who

[00:22:47] thinks Penny

[00:22:48] is innocent

[00:22:48] is a racist.

[00:22:50] Newsom's

[00:22:50] white supremacist

[00:22:51] fantasy was

[00:22:52] met with the

[00:22:52] unbridled

[00:22:53] enthusiasm of

[00:22:55] three people

[00:22:55] clapping.

[00:22:57] Yeah,

[00:22:57] that was the

[00:22:58] three people

[00:22:59] with them

[00:22:59] outside the

[00:23:00] courthouse.

[00:23:01] For that,

[00:23:01] what was

[00:23:02] sold by much

[00:23:03] of the media

[00:23:03] in May of

[00:23:04] 2023 as a

[00:23:06] white vigilante

[00:23:07] killing a

[00:23:07] homeless black

[00:23:08] Michael Jackson

[00:23:09] impersonator is

[00:23:10] now viewed in

[00:23:11] late 2024 for

[00:23:12] what it really

[00:23:13] is, an act

[00:23:14] of uncommon

[00:23:14] selflessness on

[00:23:15] the part of

[00:23:16] Penny.

[00:23:16] The Marine

[00:23:17] veteran stood

[00:23:18] up to protect

[00:23:19] innocent strap

[00:23:20] hangers from

[00:23:20] a drug-addled

[00:23:21] man with a

[00:23:22] history of

[00:23:22] random violence

[00:23:23] on the subway.

[00:23:24] Yeah, he had

[00:23:25] attacked like

[00:23:25] three other

[00:23:26] people.

[00:23:27] I believe one

[00:23:28] of the outstanding

[00:23:29] warrants was

[00:23:30] for the attack

[00:23:31] on like a

[00:23:32] 70-year-old

[00:23:33] guy.

[00:23:34] In the courtroom,

[00:23:35] New Yorkers of

[00:23:36] all races

[00:23:37] testified for

[00:23:39] Penny,

[00:23:40] said that

[00:23:41] Neely scared

[00:23:42] them unlike

[00:23:43] any other

[00:23:44] subway aggressor.

[00:23:46] One older

[00:23:47] black woman

[00:23:48] told the jury

[00:23:49] that she said

[00:23:49] thank you

[00:23:50] to Daniel

[00:23:51] Penny for

[00:23:51] his actions,

[00:23:52] even giving

[00:23:53] him a slight

[00:23:54] smile on

[00:23:55] the stand.

[00:23:57] See, that's

[00:23:57] why being in

[00:23:58] the courthouse

[00:23:58] that matters.

[00:24:00] Jurors watch

[00:24:01] that kind of

[00:24:01] thing.

[00:24:02] It matters.

[00:24:05] It was very

[00:24:06] clear that Penny

[00:24:07] should not have

[00:24:07] been charged,

[00:24:08] but Bragg can't

[00:24:09] give it up.

[00:24:10] By including

[00:24:10] the lesser

[00:24:11] charge,

[00:24:11] the DA

[00:24:12] hopes to

[00:24:13] get his

[00:24:13] pound of

[00:24:13] flesh.

[00:24:14] Maybe the

[00:24:14] jury will

[00:24:15] feel more

[00:24:15] comfortable

[00:24:16] to convict

[00:24:16] Penny on

[00:24:17] the lesser

[00:24:17] charge because

[00:24:18] it carries

[00:24:18] only probation

[00:24:19] or up to

[00:24:20] four years

[00:24:21] in prison.

[00:24:22] That was

[00:24:22] the play

[00:24:23] by the

[00:24:23] DA.

[00:24:25] And it

[00:24:25] failed.

[00:24:26] The man

[00:24:27] who died

[00:24:27] on that

[00:24:28] subway car,

[00:24:29] his name

[00:24:29] was Jordan

[00:24:29] Neely.

[00:24:30] He was

[00:24:30] 30 years

[00:24:30] old.

[00:24:31] He was

[00:24:32] a sometime

[00:24:32] subway performer

[00:24:33] with a

[00:24:34] tragic life

[00:24:34] story.

[00:24:35] His mother

[00:24:36] was killed

[00:24:37] and stuffed

[00:24:38] in a

[00:24:39] suitcase,

[00:24:39] but he

[00:24:40] was a

[00:24:40] teenager.

[00:24:42] As a

[00:24:43] younger man,

[00:24:43] Neely did

[00:24:44] Michael Jackson

[00:24:44] tributes,

[00:24:45] doing the

[00:24:46] moonwalk

[00:24:46] and such,

[00:24:47] on city

[00:24:48] streets and

[00:24:49] in the

[00:24:49] subways.

[00:24:51] He built

[00:24:52] a reputation

[00:24:52] among the

[00:24:53] artists'

[00:24:54] fans,

[00:24:54] so Michael

[00:24:54] Jackson

[00:24:55] heads.

[00:24:55] Is that

[00:24:56] what they're

[00:24:56] called?

[00:24:56] Jackson

[00:24:56] heads?

[00:24:57] Mike

[00:24:57] heads?

[00:24:59] Michael

[00:25:00] files?

[00:25:01] Anyway,

[00:25:02] he built a

[00:25:02] reputation among

[00:25:03] them and

[00:25:04] other

[00:25:04] impersonators,

[00:25:05] but he

[00:25:05] also struggled

[00:25:06] with mental

[00:25:06] illness after

[00:25:07] he lost

[00:25:07] his mother,

[00:25:09] whose boyfriend

[00:25:10] was convicted

[00:25:11] of murdering

[00:25:12] her.

[00:25:13] He was

[00:25:14] hospitalized for

[00:25:15] depression at

[00:25:16] age 14.

[00:25:17] He was

[00:25:18] later diagnosed

[00:25:19] with schizophrenia

[00:25:19] that at times

[00:25:21] made him

[00:25:22] hallucinate and

[00:25:23] become paranoid,

[00:25:24] according to

[00:25:24] medical records

[00:25:25] seen at

[00:25:26] trial.

[00:25:28] Neely also

[00:25:29] used the

[00:25:30] synthetic

[00:25:31] cannabinoid

[00:25:32] K2 and

[00:25:34] realized that

[00:25:35] it negatively

[00:25:36] affected his

[00:25:37] thinking and

[00:25:38] his behavior,

[00:25:39] according to

[00:25:40] him.

[00:25:41] In a

[00:25:42] 2019 hospital

[00:25:44] record,

[00:25:44] and by the

[00:25:45] way,

[00:25:45] they found

[00:25:46] K2 in

[00:25:47] his system

[00:25:49] when he

[00:25:49] died.

[00:25:51] Neely told

[00:25:52] a doctor in

[00:25:53] 2017 that

[00:25:55] being homeless,

[00:25:56] living in

[00:25:56] poverty,

[00:25:57] and having to

[00:25:58] dig through the

[00:25:58] garbage for food

[00:25:59] made him feel

[00:26:00] so worthless

[00:26:01] and hopeless

[00:26:02] that he

[00:26:03] sometimes thought

[00:26:03] of killing

[00:26:04] himself.

[00:26:06] And so

[00:26:06] when he

[00:26:06] got on

[00:26:07] that train,

[00:26:08] six years

[00:26:10] later,

[00:26:12] throwing his

[00:26:12] jacket onto

[00:26:13] the floor,

[00:26:14] saying he's

[00:26:15] hungry and

[00:26:15] thirsty and

[00:26:16] he didn't

[00:26:17] care if he

[00:26:17] died or

[00:26:18] if he went

[00:26:19] to jail,

[00:26:21] people

[00:26:23] believed

[00:26:23] him.

[00:26:26] He was

[00:26:26] not armed.

[00:26:28] he did

[00:26:29] not touch

[00:26:31] any

[00:26:31] passengers

[00:26:32] on the

[00:26:32] train.

[00:26:34] Multiple

[00:26:34] riders

[00:26:35] testified

[00:26:35] that he

[00:26:36] did not

[00:26:37] approach

[00:26:37] anybody,

[00:26:38] but one

[00:26:39] rider said

[00:26:40] that he

[00:26:41] made lunging

[00:26:42] movements

[00:26:43] that

[00:26:44] alarmed

[00:26:45] her

[00:26:45] enough

[00:26:45] that she

[00:26:46] shielded

[00:26:47] her five-year-old

[00:26:48] from him.

[00:26:50] So think

[00:26:51] about,

[00:26:52] I don't know,

[00:26:52] have you ever

[00:26:53] been in a

[00:26:54] subway car?

[00:26:54] They're not

[00:26:55] very big.

[00:26:56] Right?

[00:26:57] They're not

[00:26:57] very big.

[00:26:58] Maybe about

[00:26:59] 12 feet

[00:27:00] wide.

[00:27:01] And you

[00:27:02] get a bunch

[00:27:02] of people,

[00:27:03] and if

[00:27:03] you've seen

[00:27:03] the video,

[00:27:04] you saw,

[00:27:05] it was

[00:27:05] pretty crowded.

[00:27:07] There were

[00:27:07] a lot of

[00:27:07] people in

[00:27:08] there.

[00:27:09] And somebody

[00:27:10] behaving in

[00:27:12] this way

[00:27:13] does

[00:27:14] represent,

[00:27:15] at least,

[00:27:16] at the very

[00:27:17] least,

[00:27:17] a perception

[00:27:18] of a

[00:27:19] threat to

[00:27:20] you and

[00:27:21] your five-year-old

[00:27:22] child.

[00:27:23] Otherwise,

[00:27:24] why would

[00:27:24] you shield

[00:27:25] your five-year-old

[00:27:25] from this

[00:27:27] raving

[00:27:28] lunatic?

[00:27:31] Now,

[00:27:31] on Friday,

[00:27:32] after the jury

[00:27:33] had said,

[00:27:33] we can't

[00:27:34] come to

[00:27:34] a verdict

[00:27:36] on the

[00:27:36] top charge,

[00:27:37] the judge

[00:27:38] agreed to

[00:27:38] dismiss that

[00:27:39] top count

[00:27:40] of manslaughter

[00:27:41] against Daniel

[00:27:42] Penny,

[00:27:43] and then

[00:27:44] directed the

[00:27:44] jury to start

[00:27:45] deliberating

[00:27:46] today,

[00:27:46] this morning,

[00:27:47] on the

[00:27:47] lesser charge,

[00:27:48] which carries

[00:27:49] a lighter

[00:27:50] punishment.

[00:27:51] Real quick,

[00:27:52] there's a piece

[00:27:53] by Beej

[00:27:54] Wellborn

[00:27:54] over at

[00:27:55] hotair.com,

[00:27:57] who said,

[00:27:58] no one has

[00:27:59] ever heard

[00:27:59] of this

[00:27:59] happening

[00:28:00] before.

[00:28:00] It is a

[00:28:01] flagrantly

[00:28:02] illegal

[00:28:02] gambit

[00:28:03] by prosecutors

[00:28:04] to push

[00:28:05] the jury

[00:28:05] into a

[00:28:06] guilty

[00:28:06] verdict on

[00:28:07] the criminally

[00:28:07] negligent

[00:28:08] homicide

[00:28:09] count.

[00:28:10] Basically,

[00:28:11] the prosecutors

[00:28:12] lost on

[00:28:13] the more

[00:28:14] serious charge,

[00:28:15] and they

[00:28:16] tried to

[00:28:17] get a

[00:28:17] do-over.

[00:28:18] That's what

[00:28:19] they tried

[00:28:20] to do.

[00:28:22] And by

[00:28:23] the way,

[00:28:24] for people

[00:28:25] who were

[00:28:25] saying that

[00:28:27] Donald Trump

[00:28:28] should come

[00:28:29] in and

[00:28:30] pardon Daniel

[00:28:32] Penny if he

[00:28:33] were to be

[00:28:33] convicted,

[00:28:34] these are

[00:28:35] state charges

[00:28:36] or were

[00:28:36] state charges.

[00:28:38] So Donald

[00:28:39] Trump as

[00:28:39] president cannot

[00:28:41] pardon somebody

[00:28:42] for the state

[00:28:43] charge.

[00:28:44] That was never

[00:28:44] on the table.

[00:28:46] All right,

[00:28:46] that'll do it

[00:28:46] for this episode.

[00:28:47] Thank you so

[00:28:48] much for listening.

[00:28:49] I could not

[00:28:49] do the show

[00:28:50] without your

[00:28:50] support and

[00:28:51] the support

[00:28:51] of the

[00:28:52] businesses

[00:28:52] that advertise

[00:28:53] on the

[00:28:53] podcast.

[00:28:54] So if you'd

[00:28:55] like, please

[00:28:55] support them

[00:28:56] too and tell

[00:28:56] them you heard

[00:28:57] it here.

[00:28:57] You can also

[00:28:58] become a

[00:28:58] patron at

[00:28:59] my Patreon

[00:28:59] page or go

[00:29:00] to thepetecalendorshow.com.

[00:29:02] Again, thank you

[00:29:03] so much for

[00:29:04] listening and

[00:29:04] don't break

[00:29:05] anything while

[00:29:06] I'm gone.