In a Wednesday interview on Newsmax, Daniel Penny's attorney, Thomas Kenniff, offered a candid portrayal of the legal proceedings that culminated in his client's acquittal for the death of Jordan Neely.
Kenniff, a founding partner at Raiser & Kenniff and a former New York assistant district attorney, appeared on "Carl Higbie FRONTLINE" and described the courtroom atmosphere as uniquely intense.
"I have never seen a lust on the part of a prosecutor and a DA's office to get a conviction like I saw in this case," he said.
The trial centered on Penny's actions on a New York City subway in May 2023, when he placed Neely, a 30-year-old homeless man, in a chokehold that lasted approximately six minutes. Prosecutors alleged Penny committed criminally negligent homicide, arguing that he continued to restrain Neely for at least 51 seconds after the victim's body went limp.
After more than 24 hours of deliberation across five days, the jury found Penny not guilty of the charge. Reflecting on his client's state of mind, Kenniff emphasized that Penny was "never looking for the limelight."
"He was an ordinary college kid on May 1, 2023, trying to get from school to the gym," Kenniff told the interviewer. "He had no idea his life was going to change the way it did."
Kenniff noted that Penny is still adjusting to newfound public attention despite the acquittal.
"He's being recognized everywhere he goes. People are flattering him. That's not something he's comfortable with," Kenniff said.
A veteran who co-founded his law firm nearly two decades ago after serving in Iraq, Kenniff suggested that while legal battles can be intense, this case stood out for its prosecutorial fervor.
"You know, it can get ugly. You can bloody up your opponent. But afterward, you're like, OK, [it was] a good, good, good fight," he said.
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