they gave daniel penny open-ended questions and allowed him to tell his story. story is so well told. articulates the position how much danger they felt in that car. women and children there. the fact he wasn't seeking confrontation and stepped up in a justified way. i actually think that video is so good there is a good chance he won't even testify. that's a big question right now. realistically he just did and i think that it is very effective video for him. >> sandra: you think what we are seeing play out with this man on the subway and the trial continuing and criminals are running free in new york city. olivia you have been covering this. these are the headlines in recent days as they continues to play out. a man suspected of slashing a tourist in the face and neck during a random attack. homeless man wielding an ice pick accused of pushing an elderly guy to a crowd. a shoot out with an officer and a homeless man kills four people. how about these criminals? >> what the prosecution doesn't understand. this is a piece of evidence introduced by the prosecutio

this is where daniel penny, a 26-year-old marine vet fatally pinned down jordan neely, a homeless 30-ld man with a history of mental illness on a new york city subway. penny is now facing second degree manslaughter and criminally negligent homicide charges. he's played not guilty, claiming he acted out of the fence for the passengers on the subway car. the government in the argument there is that he was making passengers on the subway feel unsafe. and the prosecution alleges penny had good intentions, but went too far in trying to subdue neely. i have to warn you, what you are about to see is disturbing. >> i want to bring in gloria -- she is a correspondent who was in the courtroom today. also, elliot williams. an analyst and former prosecutor. how is the prosecution feeling about their case this far? >> they had a good day in court today. the burden is on them to prove that daniel penny acted recklessly. he's been charged with manslaughter and criminally negligent homicide. what they are trying to prove is that daniel penny ignored the risk involved in the maneuver that he used agai

madison scarpino, thanks very much. >>> the defense for daniel penny has rested its case without the y is accused of putting jordan neely in a chokehold on a new york city subway and ultimately killing him. the defense argued that neely was on drugs and making threats at the time and that he had a history of assaults on the subway. closing arguments will take place december 2nd, after the thanksgiving break. for more on this let's are bring in attorney lexie rigden. lexie, welcome. >> thanks, mike. mike i want to start with what daniel penny's defense if team a had to say on friday. let's play that clip. >> very pleased with the presentation of the trial, we're very pleased with the presentation of the defense case. we think it's going to be very clear that jordan neely did not die of asphyxiation from a chokehold. i think it's even more clear that daniel penny kid not perceive, intend or otherwise disregard my risk of death. mike: daniel penny, my apologies. what do you make of the developments in this case? >> mike, i think it's going to be very, very hard for a jury of 12 people to

just to play devil devil's advocate what if daniel penny will penny said something like -- with that said they had open-ended questions and gave every opportunity to tell his story and he does such a good job in that interview describing why he did what he did, i almost wonder if the question of whether he will take the stand is now removed. he really lays out he felt threatened. women and children around the train and he felt like he had a act. he mentions neely was still struggling so that goes to this negligent and reckless mind-set that is required for the charges that he is hit with. i think he did a very good job here to remember something else, the cops did not arrest him that day. they give it to the d.a. and it doesn't get arrested ten days later until the protest start in the city buckled. >> laura: mark, considered no might consider he voluntarily gave a statement, there is a lat long here to the grace have to cross their teas and doubt their eyes as paul said to, but what is your take what you have seeno far in this case. >> normally i don't share your outrage, laura, but

well, district attorney alvin bragg, he just seems hell bent on sending one marine, one veteran, daniel penny, and donald trump to jail. we have video of penny and interrogation, plus legacy media just refuses to call lake and riley's convicted killer what he is an illegal immigrant. judge jeanine weighs in straight ahead. there are some things that work better together, like your workplace benefits and retirement savings. voya provides tools that help you make the right investment and benefit choices so you can reach today's financial goals and look forward to a more confident future. voya well planned, well invested, well protected doctors recommend cole stool softener for gentle, dependable relief from constipation. it's so gentle. doctors even recommended during pregnancy and after surgery. coley's increases water in the stool, making it softer so it's easier to go. no harsh laxatives, cramping or straining. coley's decorating for christmas is a hassle. there's getting heavy boxes, untangling wires, dragging out the big, bulky items. now there's the brand new star shower slideshow, the ul

the jury has a tough decision, but i hope it is going daniel penny's way.ere on the train, i would want him to do the same thing. >> julie: i would thank him and i would never let my kids ride on the subway allow that if one of my kids were on the subway and god forbid they were in the car, i would think this man in my mind he would be a hero. i like that you mentioned it is a diverse jury. the race card should not be played here. the fact that daniel penny is white and the victim was black, that should not play and should all be about the safety and the motive and his intention, which was to protect and not harm. thank you so much for talking to us. that is all the time we have today. lexi, great to see you. >> thanks, julie. >> julie: mike. >> mike: admitted department had to have for heads to the heel and make a pitch to lawmakers, speed 24 appear until the lowest level in two years and what is causing the crisis e housing market? ♪ ♪ ♪ ♪ >> julie: i'm a little jealous of the president because he is standing in tub that we are celebrating his last thanks

daniel penny and corp that why is the d.a. focused on prosecuting a good samaritan?areer criminals as we have told you are sometimes allowed to roam the streets. just pick a good question and illegal migrant jose ibarra will spend life in prison after convicted of the brutal murder of laken riley. >> never should have happened, but it did because of bad policies of this administration, which is quite honestly, outrages. but i am thankful justice was swift here appeared to be when gap, plus, it was doge but crypto's are and how changing washington and staying up at the times. >> lawrence: this is true the final hour of "fox & friends" starts now. ♪ ♪ >> steve: fox news alert, in two hours 10:00 eastern time daniel penny manslaughter trial will resume with forensic half villages to the stand. so questions remain as to whether the marine veteran will testify in his own defense. >> ainsley: cb cotton outside of the new york supreme court, hey, stevie. >> hi, good morning daniel penny does not testify in his own defense, penny 25 minute taped interview with the place no w

daniel penny is acing i'm going to survive this. are we getting off the point and this is the point, they're in danger, i was in danger probably. i don't know if he had a weapon. i had to do something. said to the guy, take my air pods and here's my phone. i have to grab this guy. nobody else is doing anything. we have to back up and talk alaska the intent. >> lawrence: you're so right, brian. go back to the 911 call and victims on the train saying he's going to kill everyone. that a loan. we're to the point where people are afraid obstructing cerumen the train and take bats and everything like that. anything they can find on the street and go after citizens. put yourself in that situation and say take the medical advice and all this other stuff about the choke. >> ainsley: yeah, i'm a female and i used to ride the subway, i don't anymore since all this happened. look at the rap sheet of the guy that died but look at the rap sheet of daniel penny. really good guy and nice guy and served our country and trying to protect the people o

daniel penny was going to attack people. therefore he felt the need to intervene and causation that the chokehold did not kill jordan penny, but rather a combination of factors that part of their defense has run into some issues in the last few days after the medical examiner said that the chokehold without a doubt according to her findings, had killed nealy elliot. >> we are still learning and waiting to see if they're going to actually have him testify what does that tell you? would you have him testify? >> i would not, and big picture, laura, of course, a defendant has a right not to testify under the constitution. you have the right to remain silent. literally that's what the cop shows. all say. most people think that if. if your liberty were on the line you would choose to testify to clear your name and defend yourself. it's very risky. and most defendants don't testify for a number of reasons. one, everything. any statement you've made or given can be thrown back at you by the prosecution. you can be impeached, you can

these are going to be witnesses who are going to speak about daniel penny that what daniel penny wasrying to do was protect people that were riding on the subway who were afraid of jordan nealy and who felt that their lives were in danger. some witnesses have testified to that effect. we're also expecting to hear from a psychiatric expert who will talk about whether or not jordan nealy's use of k2, which was found in his body following the autopsy, had anything to do with the way this incident unfolded. over the next few days, we expect to hear more expert t

he was telling daniel penny not to hold tight, i said penny was not holding on tight enough.like we are getting in the weeds with information coming out of the trial. take a step back. based upon evidence so far, has prosecution proved their case beyond a reasonable doubt? >> many people are saying this case should have never been brought and every witness continuous to validate that opinion. prosecutors have to believe they can prove it beyond a reasonable doubt to 12 members of the jury and there is nothing there. daniel penny seems to have engaged in this situation with people in a crowded train car who all believed there was a serious threat going on. prosecutors don't particularly argue daniel penny shouldn't have gotten involved, so when should he have stopped? not like he pulled out a weapon or screaming vigilante justice type things, it wasn't that type of situation. it was more holding a person to keep him at bay unless police got there that seems like something that falls within self-defense or defense of others type of case and prosecution has to prove beyond a rea

>> sandra: what would you do if you are daniel penny. should he take the scene? fact everyone heard from him at the police department. literally obliterated the prosecution's medical examiner. think about new york city, the cause of death before they even have the toxicology histology or genetic traits of this guy showing sickle cell crisis he was going through. come on, this is ridiculous periods before you heard danny penny and the initial interfere with the cubs, he laid out his intentions but why not take the stand? >> i don't think he needs to, i don't. by the way, he is 26 years old. did i tell you he played long island string symphony for two years? this is a zen guy and not a guy looking for a fight. >> sandra: thank you very much and i will see you at the tree lighting tonight. >> i will be there. >> sandra: you tonight. >> we have some gifts for you. [laughter] >> it is a new era, that is what is happening. it is amazing. >> john: president-elect trump getting on board with that coin and more on the crypto craze, lauren. >> i am at that bar that preside

they gave daniel penny every opportunity to tell his story.does such a good job in that interview, describing why he did what he did, that i almost wonder if, you know, the question whether he will take the stand is now moot because he really lays out he felt threatened, women and children were on that train. he felt he had to act. and he mentions that neely was still struggling and so that goes to this negligent and reckless mindset that's required for the charges that he is hit with. so, i think he did a very good job. remember something else, the cops didn't arrest him that day. they gave it to the d.a. he doesn't get arrested for 10 days later, until the protests start and then, of course, city hall buckled. >> yeah, mark, considering that he gave a -- you know, willingly, voluntarily gave his statement, it's a little odd that it took that long to charge him if they believed they had a good case. the police have to cross their t's and dot their i's there as paul said. what's your take given what you have seen thus far in this case? normall

the prosecution has just rested its case against daniel penny. the 26 year old marine corps veteran who's facing manslaughter charges for the fatal chokehold on a new york subway that killed jordan neely in may of last year. this case has sparked nationwide conversations on vigilante justice and mental health, and homelessness. cnn's gloria pazmino is outside the new york courthouse. and gloria, the prosecution is done. what's the biggest obstacle now for the defense team well jake, it's going to be the testimony of the city medical examiner, which wrapped up today after nearly six hours of questioning she testified over and over since friday that the reason why jordan neely died was because of the chokehold that he was placed in by daniel penny. >> now, why is this so significant? because the defense had said in its opening statements that they would prove to the jury that it wasn't the chokehold that killed jordan neely, but rather all these other complicating factors, including the fact that neely suffered from sickle cell disease and that he

s mispriorities as daniel penny's trial resumes today in new york. >> brian: he has a problem with danielenny but what about the others. pennsylvania county commissioner who openly admitted to counting illegal ballots now walking back her comments with tears. >> we all say things that are out of turn. we all make mistakes. i made a mistake. >> brian: why are you yelling at me? if you made a mistake don't yell at me. thanks. all right. i move on now. how residents are calling out democrats' blatant abuse of power and i'm not done yet. the second hour of "fox & friends" starts right now. get dressed. ♪ >> ainsley: happening today, the senate is holding a hearing on threats to the homeland. >> lawrence: this includes those from foreign adversaries, the migrant crisis and more. >> steve: alexandria hoff joins us live from the white house with a look ahead at what happens at 10:00 this morning. >> good to be with you, yeah. this is happening, as we understand that the incoming trump administration is interviewing candidates for fbi director, vice president elect j.d. vance. he end kited as muc

that daniel penny was a hero by anyone's definition.crafted in a situation with a man who is deranged and could murder people, we want that type of intervention. >> steve: one of the things about it as you look on the street sixth avenue in new york city, absolute randomness of what happened. you have a car full of people going to work, going to the grocery store, going to places and that happened. then you have the guy with a knife a great, big butcher knife the kind on a thanksgiving turkey, out killing people in new york streets. who will come to new york city for a holiday if you don't know that these people are doing? >> brian: is there a marine watching those stabbings that said i will not get involved? i have a family and can't end up in jail for 20 years? >> ainsley: it is so jacked up. >> brian: by the way, they said he was a hero and of course race is a factor. al sharpton is out there with a group flocking subways until daniel annie was arraigned days later. >> lawrence: what about the black guy that helped him down and the d

did daniel penny go too far?harris: jurors are back after a dramatic testimony about what happened inside that new york city subway car last year. a report from the courthouse when we come back. if you have generalized myasthenia gravis, picture what life could look like with vyvgart hytrulo, a subcutaneous injection that takes about 30 to 90 seconds. for one thing, could it mean more time for you? vyvgart hytrulo can improve daily abilities and reduce muscle weakness with a treatment plan that's personalized to you. do not use vyvgart hytrulo if you have a serious allergy to any of its ingredients. it can cause serious allergic reactions like trouble breathing and decrease in blood pressure leading to fainting, and allergic reactions such as rashes, swelling under the skin, shortness of breath, and hives. the most common side effects are respiratory and urinary tract infections, headache, and injection site reactions. it may increase the risk of infusion-related reactions and infection. tell your doctor if you h

daniel penny could have ignored it but he was someone who made a decision, as a marine, to take him downeporter: and now the question remains whether penny will actually take the stand in his own defense. guys. >> carley: that's the big question. chanley painter live thank you so much. illegal immigrant josÉ ibarra has been found guilty in the murder of laken riley and has received life in prison without the possibility of parole your honor i'm asking you to give josÉ ibarra the same thing he gave us when he made the choice to take laken's like and destroy ours. he showed no mercy when she was begging her life. >> i plead with the court to the world of this evil person. >> i am disgusted to look and be in the same room as him. >> the district attorney trying the case is facing outrage for no, sir asking for the death penalty because they take into account collateral consequence toss undocumented. patty morin the mother of someone allegedly killed by an illegal last year. what a day for laken riley's family and friends who received a partial level of closure yesterday but clearly the ange

daniel penny's lawyer resting their case yesterday in the marine veteran's manslaughter trial.tness, a staffer in the court clerk's office, testified that jordan neely had an open bench warrant at the time of his death the defense says penny did not have to take the stand because jurors saw video of his nypd at the same time. closing statements will given on december 2nd. 9 if convicted, the 26-year-old faces up to 15 years in prison. >>> a watch belonging to nfl superstar travis kelce was reportedly found in rhode island after his kansas mansion was broken into last month. thiss just a day after the nfl warned players about a potential crime ring from south america targeting them. surprise, surprise. his teammate, chiefs' qb patrick mahomes, also had his missouri mansion burglarized last month. >>> texas officials are giving elementary school students the option of learning the curriculum that emphasizes the bible with making texas the first state to do so. students from kindergartennen through fifth grade would learn lessons using the bible. schools opting for the optional cu

that's what daniel penny represents in this case.you live this reality, you know this city does not work without people like him. finish it just doesn't work. rachel: the world doesn't work without danny if -- daniel penny. women and children are vulnerable, and they depend on the protection of the state which, by the way, the state has failed its citizens, and somebody, a good man, an defended and protected the women and children on that train. and for that he is now facing time in prison. this is a travesty. it says a lot about our culture, and i really hope that the message isn't being sent to other young men and i, unfortunately, think it is to just step back and do nothing. charlie: by the way, society everywhere relies on this. and you live, you know, anywhere in the country, you expect people to do this sort of thing and to stand up and protect themselves and those around. of it's just that for some reason there are these crazy politicians in new york that think you're supposed to go after and jail the person -- brian:ed good

daniel penny /* >> bryan: fox news alert, october job report just released shows u.s. than expected and unemployment held. think about that, steve, over to you. >> steve: bad numbers. another fox news alert, opening statements in daniel penny's manslaughter case will begin today. the marine vet is accused of putting homeless man jordan neely in a choke hold last year after witnesses say he was aggressively confronting riders. joining us, co-host of "the five" and former prosecutor jeanine pirro. this comes down to, was he acting in self-defense? what would you do? >> judge jeanine: well, that is the question the jury will be asked, the jury of seven women and five men. they are going to have to decide whether or not they believe that danny penny, a former marine, made a decision to protect those other people on that subway car, sealed underground, lurching into the darkness from danny penny and engaged in threatening behavior. they had no choice but to take him down and he was trying to attack people. this guy had myriad number of arrests, mental problems, it is allege

and for more on the daniel penny trial, let's bring in attorney andrew stoplightman . iving us a little time this saturday. the defense has a rested, pep ifny chose not to testify in this trial. -- penny chose not to testify. do you think the defense made the right decision on the. >> no, i think they made a mistake, but i think i know why. introduced at the trial was a videotape of him speaking to the police officers immediately after he was arrested where he gave his version of what transpired. but i still think it was a mistake. these jurors are sitting there, and they always want to hear from the confident. they want to hear what his mindset is. i personally would have had him testify. molly: yeah. well, one other hinge, the closing arguments are put off until after the million day. could that the have an impact or potentially be a good thing in jurors have some time to think about things before the closing arguments. >> this is such a frivolous case. only in new york city could a case like this be brought, radioright? it's frivolous. i think in this sort of case wh

the trial of marine veteran daniel penny continuing. as pleaded not guilty in the death of homeless man jordan neely on a new york city subway. penny did not take the stand. one of penny's attorneys argued the jury already heard from him. bombshell eyewitness accounts from police body cam footage show the moments after police arrived the scene. >> he told everyone he don't care what happens. he don't care about going to jail. >> [inaudible] . >> dagen: paul mauro fox news contributor, attorney and former nypd inspector. the closing arguments are on monday. what do penny's -- what does penny's legal team try to hammer home here? >> his defense is something called justification. it means that he went far enough to mitigate the threat that was against him and why footage like that is so important. the prosecution are not saying that neely wasn't some sort of a threat. what they are saying is daniel penny, you went too far. the counter to that is the fact that his threat was so extreme and you are hearing it not from penny but from other peo

the daniel penny manslaughter trial resumes this morning after jurors were shown the video of penny beingerrogated by police just hours after neeley's chokehold death. and that's a time penny doesn't seem to know yet that neeley had died. >> i'm not trying to kill a guy. i'm trying to make [inaudible] i'm not out here like trying to attack people. i just felt that this guy telling people that he is prepared to go to jail for life. i'm just trying to keep him from hurting anybody else. is he threatening people. >> the marine veteran faces 19 years in prison if convicted. he has pleaded not guilty. and look at this, a large 1k568ding plank falling off a building in boston and narrowly missing the people walking below strong winds. flying up a 46-foot skyscraper and it happened outside of new england's busiest train station. officials are investigating but thankfully no one was hurt. and tonight is the night that mike tyson and jake paul's highly anticipated fight takes place after final weigh-in ended with this dramatic scene. >> ladies and gentlemen,. >> carley: yikes source, thought clear

former nypd inspector and fox news contributor paul mauro says this. >> they gave daniel penny a lot question and tell his story of the his story is so well told and articulates the position how much danger they felt in the car. women and children. the fact he wasn't seeking confrontation. he stepped up in a justified way. i think that video is so good he might not testify. he just did. i think it's a very effective video for him. >> harris: cb cotton is outside the courtroom in new york. >> 25 minute video of daniel penny with police investigators is pretty insightful. the marine veteran did not know jordan neely had died when he waived his miranda rights to speak with police right after the ordeal. watch. >> the doors closed he throws his jacket and when he starts like this, this, this and i'll go to jail forever. i'll kill you. i'm not trying to kill the guy, look, i'm trying to de-escalate the situation, right? >> so while we wait to see whether penny testifies in his own defense, his defense team may choose to rest its case after calling the forensic pathologist to the stand tod

then they arrest daniel penny.e fine the first two, but then it is a crisis when there is actually some of the steps in. daniel penny took the third step, which was action. a place for alvin bragg has never been to. he happily lives in the first two. coddling criminals, releasing them to an unsuspecting public, including his own employees. one of his own prosecutors was assaulted by a sex maniac. as long as you enable these policies without experiencing the risk, you will always seek to punish the people who are willing to take action. and this pattern is in everything. immigration, crime, dealing with hate crime hoaxes. it's fine until there's action, and then they care. >> jesse: well, that was great action by the nigerian brothers, it goes without saying, the acting. they have a future, and bravo to fox nation. >> greg: "fox & friends" midnight, a new show peered. >> jesse: ahead, calls are growing louder for joe biden to resign after he quiet quits the presidency. ♪ ♪ (ominous music) (bubbles rising) (diver exh

the marine veteran daniel penny is charged with manslaughter. d last year with an nypd detective who took the stand and penny told the detective he puts between two and eight choke hold because he was dangerous and seemed high on drugs. >> he threw himself at those people and he's like, i'm going to kill everyone, i'm prepared to go to jail for life. >> he seemed like he was a hostile -- >> he was -- >> high -- >> something like that. these people are going crazy. >> so penny's martial arts instructor in the marines took the stand, as well. he said it looked like penny attended a choke hold technique he taught him but he didn't do it correctly. marines are trying to let go of the choke when someone loses consciousness unless they're trying to kill. prosecutors say penny held the choke too hard and for too long. now we still need to hear from penny's defense. they plan to bring their first witnesses to the stand on monday. if convicted of the top charge, the marine that faces 15 years in prison. we will send it back to you, sandra. >> sandra: nate

eyewitnesses to the stand, each with a different takeaway on who was a greater threat that day, daniel pennyordan neely. on friday one woman testified she thanked penny for steeling in after neely started making threats on the subway last year. and then during her cross-examination, the defense played her statements to police on boyle body camera video. >> i heard the young man that's on the floor saying, hey, i'm willing to die, you know? i'll do anything, i'll go to jail, i don't care, i don't care. and he was saying it so loud that everyone turned around. he sat up, grabbed him, turned him around and put him to the ground. >> reporter: that woman, one of three witnesses for the prosecution who on friday testified that they felt relieved when penny placed neely in the chokehold. another, a mother who said she used her stroller to shield her 5-year-old son from neely as he made threats. this testimony may end up helping penny's case. if. >> yeah, you know, look, i think it's a, you know, we got to see what this case was all about, and we got to see what the riders on that subway train that

daniel penny's trial in new york has begun.he case against daniel penny for subduing jordan neely who died in that interaction. here's what his attorney said. >> someone that stood up and tried to protect his fellow passengers that did the right thing and came to the aid of everyone on the subway car. that's a lot of what this case is about and it's a lot of time at ohm opening statement and more about that. >> it comes down to but for the actions of daniel penny, it's jordan neely going to walk out of that subway car alive. the prosecution has a burden of proof on them to demonstrate that penny was either reckless, that's the manslaughter charge or negligence charge and doesn't have to be purposesful and penny's side going to say justification and he did essentially have to do. witness statements are going to come in and hear where east called things like a good samaritan and a hero and saved the car and defense wants all of that language struck and thinks it's too subjective and presidential and one person on that jury to hea

. >> john: daniel penny's subway choke hold trial is putting a spotlight on the shift in blue citiesericans expressed frustration over soft-on-crime policies and democratic leaders. our next guest show ap signaling why blue voters are shifting right. what some -- public safety in america. rafael mangual. so in some places, rafael, things may be shifting a little bit right when it comes to law and order but you can still find plenty of places, including the city and -- >> it is a mixed bag but a shift away from what we saw in the lead up to this election, specifically after 2020, when criminal justice policy will sort of moving in one direction, and that was to the left. so i do think there is some cause for encouragement here, especially when you consider the places you saw the biggest changes. cities in california, for example. los angeles throughout george gascon, the longtime progressive prosecutor, both in l.a. and in san francisco before that, of course a couple years ago san francisco looted chesa boudin from office, just reelected brooke jenkins, his replacement, to a full ter

. >> john: and new testimony in daniel penny's manslaughter trial.cotton live outside the new york state supreme court with a preview. cb? >> hi, john. the testimony is dramatic. we heard from one woman who was there that day and says she was so scared of jordan neely's threats she thought she was going to die. i have all of the details after the break. hank used to suffer from what felt like a cold & flu medicine hangover in the morning. ha ha. haha! uhh, hank! switch to mucinex nightshift to relieve your cold & flu symptoms. uh oh! both help you get to sleep. mucinex is uniquely formulated to leave your system faster, so you wake up ready to go. going to work groggy? nope. try mucinex nightshift and feel the difference. it's comeback season. i've been worn by celebrities, athletes, and world leaders. but i've always felt most comfortable up here, with the folks that made me who i am. i'm right at home, out here on the land. and i'm in my lane on the shoulder of the interstate. because this is where i come from. i've been showing up here for nearly

arthel: marine veteran and daniel penny chokehold trial in new york city is on break this week and willdecember 2 after thanksgiving. on friday the defense rested without penny taken the stand. a forensic pathologist called the defense that it contradicted the medical examiner telling the court he does not believe a chokehold because the death of jordan neely. let's bring doctor michael forensic pathologist and fox news contributor. good to have you. that forensic pathology for daniel penny's lawyers also argued jordan neely died from the combined effect of synthetic marijuana, schizophrenia, and his struggle and restraint. in a sickle cells trait that can lead to complications during exertion does this assessment make sense to you? >> no, no it does not. this forensic pathologist testified clear and apparently very impressive but absolutely wrong when it came to the sickle cell trait. he claims that death was due to sickle disease he confuses sickle disease with a sickle trait. sickle trait has one gene from a parent it's not a medical problem. nobody gets sick. nobody dies from sickle

just like the daniel penny casey should not go to trial at all.y train from crazies that are let in. this young man should have received help pretty you protect your fellow citizens you should not be prosecuted for. it's a world we have been living in. quick's at nasa for us but see it next week and a member to always dvr if you cannot catch us ♪ ♪ "life, liberty & levin" starts at the top of th p6 i am at shannon bream it. trevor president trump elect with congress pics. >> everybody feels very confident, very encouraged about

and the defense rests in the manslaughter trial of daniel penny. the man accused of holding jordan neely in a fatal chokehold on a new york city subway last year. details straight ahead thanksgiving parades around the country, with special appearances by chef bobby flay, jennifer hudson t.i. >> and more. >> john berman and erica hill host cnn thanksgiving in america live coverage starts at eight on cnn. >> do your dry eyes still feel gritty rough or tired with my bow eyes can feel my bow. yeah, my bow is the only prescription dry eye drop that forms a protective layer for the number one cause of dry eye. too much tear evaporation for relief. >> that's my bow. yeah. >> remove contact lenses before using my bow. wait at least 30 minutes before putting them back in eye redness and blurred vision may occur what does treating dry eye differently feel like? i bow oh yeah, for relief. that feels. i go ask your eye doctor about prescription. my bow. >> you. you're making everything orange. >> we're showing. we're consumer cellular gets great coverage we us

train service is not likely tory -- to resume for weeks. >> very different views of daniel penny in opening statements, his lawyer says penny was responding to a threat and trying to protect other pome on a train when jordan neely started acting erratically but prosecutor says he within the to far, violating lay and heim decran psi with the fatal choke hold. he's charged with criminally negligent homicide. >> both campaigns westbound focused on philadelphia's suburbs tuesday night. enthusiasm for vice president harris there could be a tipping point in the state she almost certainly needs to win in order to take the white house. john king visited one such community in his final all over the map report ahead of the election. >> it's a postcard of suburban life. lee vi, friendly, home to her family and hcampus. >> just often a quiet, closeknit community, a place where kamala harris needs to win big. >> a lot of the messages i get are more panic so i feel panicked. >> i don't want to go back there. i see how he treats people and billies people and these are things i tell my teenage kids not to

these are going to be witnesses who are going to speak about daniel penny that what daniel penny was trying to do was protect people that were riding on the subway who were afraid of jordan nealy and who felt that their lives were in danger. some witnesses have testified to that effect. we're also expecting to hear from a psychiatric expert who will talk about whether or not jordan nealy's use of k2, which was found in his body following the autopsy, had anything to do with the way this incident unfolded. over the next few days, we expect to hear more expert testimony from the defense and the big question, john, is whether or not daniel penny will take the stand. as of last night, his defense team told me that that will be a game time decision. they are still waiting to see whether or not it will be a good idea to put their client on the stand. >> john all right. keep us posted as unfull events unfold throughout the day. gloria pazmino. thank you very much. brand new hour of cnn news central starts now >> president biden at his final g20 summit in brazil. the policy and posturing amo

just like the daniel penny casey should not go to trial at all.d have received help pretty you protect your fellow citizens you should not be prosecuted for. it's a world we have been living in. quick's at nasa for us but see it next week and a member to always dvr if you cannot catch us ♪ ♪ "life, liberty & levin" starts at the top of the hour. ♪ ♪ ♪ ♪ ♪

court breaking for lunn inch the daniel penny man slaughter trials. the marine sergeant that trained penny. it comes on the heels of chocking testimony from a key witness that took the stand and admitted that he lied. let's bring in judge jeanine pirro, co host of "the five." so the witness today is the one that trained daniel penny in choke holds. what did his testimony bring? >> well, it was very interesting because you had this marine veteran who had taught danny penny all of the choke holds. what was interesting is that everyone on the jury and in the courtroom learned there's a myriad of different chokes. you've got the air choke, you have the blood choke, the front, the rear, the side and the figure four variation. the more they talked about it, the more you started to say, gee this is what is normally done when you have an aggressor situation. so danny penny's own instructors said we taught him all of these chokes, and it looks like he was doing the figure four variation. i'm not going to get too specific here. you may recall in some of the vid

will: want to ask you about daniel penny really quickly.ordan neely in the subway system. he's being prosecuted for manslaughter. now witnesses are taking the stand, paul, if sharing what they felt on the train that day. here's an example of a witness. i think -- they said, talking about jordan neely, i think this guy was on drugs, you know, because when he came in, he was unbelievably off the charts. he scared the living candidates out of everybody. daylights. i came back to thank mr. penny for what he had done in that worst scenario. it seems like this testimony, i would think, is sort of the mistake or -- make or broken what penny chose to do on the subway. >> let's recall, these are prosecution witnesses, and the most salient statements seem to favor daniel penny's version of events. in a nutshell, this is a balancing test, okay? he's charged with two crimes that import either are recklessness or negligence, and his defense will be justification. i wasn't reckless, i wasn't negligent, i kid what i did, i was justified in doing it. justi

we went to see whether daniel penny went to the stand.only time jurors have heard directly from him. he waived his miranda rights when he was brought back to the precinct. he didn't know neely had died when he said this. >> i am not -- i wasn't trying to injure him. i am just trying to keep him from hurting anybody else. he is threatening people. >> prosecutors have to prove penny acted recklessly. the defense argued he acted to protect others. >> martha: we are watching that very closely. let's bring in retired nypd inspector. fox news contributor. what do you make of this tda guy with a smirk on his face having a grand old time while he's arrested? >> this is a new thing. we have at ms-13 and other gangs et cetera. i feel like the country is waking up to what we have imported. we have heard that rick reporti. the pickpocket scott has told me 95% they pick around on times square are venezuelan which is going to mean dda. this guy is picked up the incident he got arrested for adjacent to times square. it is probably part of the crew that

the marine daniel penny putting jordan neely in a deadly choke hold.maintain penny acted in self-defense. judge janine pirro is standing outside the courthouse in lower manhattan. good morning to you. here is what some of the witnesses have said thus far here. i did not feel safe when he was moving around erratically. he was scared for my son. another witness i was scared that i was going to die in that moment. you have been in the courtroom. what have you heard from these witnesses? >> well, what the prosecution case has presented are witnesses who have given testimony that is devastating to the prosecution. remember, danny penny had the right to use force that was justifiable based upon what he reasonably assumed or believed was about to happen on that moving subway car underground in the dark. so we expect more testimony from witnesses who will talk about how frightened they were. the fact neely came out and said i will kill them. i don't care if i die today. people saying they have ridden the trains for 30 years but never felt like this before. tod

did daniel penny go too far. was he justified in doing what he did.ensurate with the threat that was posed by neely? that's a tough balancing act to establish. so what are you going to use for that? you have to go into the minds of the people in the car to say yeah, we were that scared. he did present that much of a threat and that's why the actions were justified. that's the basic balancing that's going on. that means you need witness statements. penny, of course, were he to take the stand. not that he is going to. he would say it was a threat he presented. more compelling evidence are the statements of the other people in that car. other people are saying we were that scared. then his actions may be justified. that's why this semantics game is going on. how much of a threat did he present? how did you feel? what terms would you use? when they say things like he is attacking everybody. says he will kill people. some of the testimony that's coming out. that's very probative for the defense. it is helpful to the defense. it makes it seem like neely pre

the devil was daniel penny. tell that jordan neely was choked to death. >> both the prosecution and defense are expected to give their closing arguments on december 2nd. penny faces up to 15 years if convicted on the most serious charge in this case. bret? >> bret: c.b. cotton in new york city. c.b., thank you. the national debt has now surpassed the $36 trillion mark. that occurred yesterday. 36 trillion with a t. it came just four months after the debt crossed the $35 trillion threshold. substantial gains for retailers and other companies led wall street to a big day. the dow surging today 426 to a new record close. the s&p 500 gained 21. the nasdaq was up 31. for the week, the dow jumped almost 2 percentage points. the s&p 500 was up one and two thirds. the nasdaq gained one and three quarters. nato and ukraine will hold emergency talks next week after a russian attack on a central ukrainian city with an experimental missile. we told you about this on the show yesterday. russian president vladimir putin ratli

while daniel penny is on trial for trying to protect subway passengers.iminal who stabbed three people randomly two days ago let out of jail a few weeks ago. former new york city police commissioner seen it all guardian group ceo ray kelly joins us now. commissioner, the dichotomy between the two cases i thought were noteworthy. do you think it's emblematic what is wrong with this city and major cities across the country? >> yes, absolutely. >> confrontation we saw on monday tragic death of three people. that type of confrontation happens every day on the streets of new york. particularly in midtown manhattan. people are out threatening those who just going about their business. sometimes it results in assault. sometimes it doesn't. but this is still a major problem. we have got to get these types of people off the streets. yet, there is no realistic movement to do that now. interestingly, in the penny case, there was a testimony yesterday from somebody from the medical examiner's office that said they went to literally thousands of pages records as far a

meantime, back in new york city the trial of daniel penny got under way. he's the marine veteran accused of manslaughter in the choke hold death of a man on the subway. >> reporter: this is police body camera footage the public had not seen that shows daniel penny, a marine veteran, standing over the body of jordan neely, a homeless man penny put in a choke hold in a new york city subway car last year. >> i just put him out. >> reporter: prosecutors say the video played publicly for the first time in penny's trial shows penny acted recklessly and failed to recognize neely's humanity. this video from may 2023 shows penny restraining neely. prosecutors conceded, neely may have seemed scary but told the jury penny used far too much force for far too long. nearly a minute after neely went limp. >> i love jordan, and i want justice for jordan neely. i want it today. >> reporter: the defense argued neely was seething and psychotic and yelling with unhinged range, so penny stood up to protect neighbor. >> at the end of the day this case is about someone who stood

marine veteran daniel penny's manslaughter trial continuing today, what one witness who jumped in to ays happened. we've got reaction from judge jeanine coming up next, plus this. >> all of the washington-based democrats fighting around going till wine and cheese parties and talking about how misogynistic -- get your [bleep] out of washington. we told you this [bleep] was a disaster. we told you to get out in front of public safety issues. you didn't. you didn't. >> jacqui: wow, james carville not mincing words as postelection soul-searching and figure pointing continues. so where does the party go from here? id it my way! ♪ colo-huh? ♪ cologuard! ♪ cologuard is for people 45+ at average risk, not high risk. false positive and negative results may occur. screen for colon cancer in your home, your way. ask your provider for, ♪ cologuard ♪ [achoo!] needs, alka seltzer plus cold & flu when speed is what you need, bounce back fast with alka seltzer plus. also try the new chewable fizzy chews. no water needed. i try to put my arm around any vet that i can. absolutely. at newday usa, that's

the other thing is some of the prosecution witnesses are actually helping daniel penny because they say on the car, i was scared. he was threatening. he was freaking me out. >> right. the big test were mr. penny's actions reasonable? did they seem reasonable? when you have other witnesses, other people who are present, who have no connection to mr. penny or mr. neeley, so they don't have inherent bias, when they say that they, too felt threatened, they too felt he posed a danger. they too felted need to intervene. all of that lends itself to the idea that mr. penny's actions were, in fact, reasonable, other people came to the same conclusion he did. >> steve: since we have got a lawyer in the hot seat right now. got another question four. yesterday jack smith, the special lawyer looking into those trump cases, sent a note to an appeals court to say hey, you know what? given what the supreme court has said, and given the fact that he is going to be president, we have got to pull the plug. >> beginning of the end for jack smith. it's interesting. jack smith comes manhattan d.a.'s office t

and the story that we want to get to today as well marine veteran daniel penny who says he was tryingork city subway last year is now on trial for manslaughter. judge jeanine pirro was just down there at the courthouse. she just made her way back. she will give us the inside scoop next. >> i was scared for myself but looked around and saw women and children. he was yelling in their faces saying these threats. i could not just sit still and therapy that helped 8 out of 10 people go up to 4 months between injections, after 3 initial monthly treatments. if you have an eye infection, eye pain or redness or allergies to eylea hd, don't use. eye injections like eylea hd may cause eye infection, separation of the retina, or rare but severe swelling of blood vessels in the eye. an increase in eye pressure has been seen there is an uncommon risk of heart attack or stroke associated with blood clots. the most commons side effects were blurred vision, cataract, corneal injury and eye floaters. and there's still so much to see. if you are on eylea or a similar type of treatment, ask your retina s