In a critical development in the Daniel Penny case, defense attorneys Thomas Kenniff and Steven Raiser spoke to the press following the defense’s closing arguments, underscoring key points they believe underscore Penny’s innocence in the subway incident that led to the death of Jordan Neely.

Attorney Steven Raiser highlighted central arguments from the defense’s case.

“The fact that Jordan Neely did not lose consciousness for most of their six-minute struggle on the subway floor demonstrates that Daniel Penny did NOT apply lethal pressure,” Raiser argued, challenging the prosecution’s claim that Penny’s actions directly led to Neely’s death. Raiser contended that the prosecution failed to establish that Penny applied deadly pressure during the final 51 seconds of the struggle when they allege Neely lost consciousness.

Raiser emphasized the heightened sense of fear among passengers, stating that both parties in the case acknowledged that passengers felt their lives were at risk when Neely entered the subway car.

“The ‘self’ in the principle of ‘self-defense’ is not limited to the one who takes action; it also applies to other potential victims,” Raiser said, reinforcing Penny’s intent to protect those around him, not just himself.

The defense also addressed why Penny continued to restrain Neely until authorities arrived, with Raiser explaining, “Penny had to continue to restrain Neely until the police arrived, in order to make sure that Neely wouldn’t harm others or himself.”

This, Raiser said, was a crucial element of Penny’s decision to act, seeking to prevent further escalation and ensure the safety of all passengers on board.