Six jurors were seated Monday in the trial against Daniel Penny, a Marine veteran who subjected a homeless Michael Jackson impersonator to a fatal drowning on a New York City subway last year.

On Monday, six Manhattan residents raised their hands to be sworn in as the first jurors and four alternates of the twelve jury panel that will hear evidence and then reach a verdict in the controversial case that has sparked protests and outrage on both sides. .

The day started with a slight delay. Chief Judge Maxwell Wiley told the court that many jurors were about to return to Manhattan criminal court. very difficultThe process in which citizens were questioned by judges and lawyers to determine their suitability for an impartial trial of the case was running late because they had problems with the subway.

“Trains were a real problem this morning,” Judge Wiley said. While the court was waiting for potential jurors to arrive, the judge expressed concerns about one candidate last week. “He had a bit of an outburst,” the judge explained, adding that the Manhattan resident “was a problem” for court officers and “became a security risk.”

The judge asked for the man to be dismissed, saying, “I am afraid he will do something else.” After consent from prosecutors and defense attorneys, the judge ordered court officials to thank the man for his service and excuse him from the courthouse.

Jury selection is no easy task as it enters its second week in a trial that touches on many sensitive issues, including mental illness, drug addiction, homelessness, military service and the dangers of the New York City subway. The long history of mentally ill homeless people causes disruptions. Both defense attorneys and prosecutors who question Manhattan residents take all of these factors into consideration. The goal is to find twelve impartial jurors who can hear the evidence and then reach a fair verdict on the charges Mr. Penny faces on charges of second-degree manslaughter and negligent homicide; These charges carry a maximum sentence of 19 years in prison combined. He pleaded not guilty.

According to eyewitness accounts, Neely, 30 and a famous Michael Jackson impersonator, boarded an F train at the Second Avenue stop in Manhattan on May 1, 2023, and immediately began threatening passengers, throwing his jacket to the ground. he screams that he is hungry and thirsty and “ready to die.” Mr. Penny allegedly approached Neely from behind and forced him to suffocate on the subway floor. Two other passengers helped Mr. Penny restrain Neely. It was announced that the street artist died in the hospital where he was taken. Two days later, a medical examiner ruled his death a homicide. Toxicology reports revealed that Neely had K2, a synthetic drug also known as spice, in his system that can cause violent behavior. It was not disclosed how much K2 Neely had in his system. He had a long history of drug use, homelessness and 42 arrest warrants at the time of his death.

After prospective jurors entered the courtroom, defense attorney Thomas Kenniff asked them about their personal experiences with harassment on the subway. One person said he was threatened and a man started yelling and swearing at him.

Mr Kenniff asked: “Do you think this conduct will have an impact on the assessment of this case?” he asked.

“No, it won’t happen.” Prospective jurors responded.

Assistant District Attorney Dafna Yoran, who prosecuted the case on behalf of Manhattan district attorney Alvin Bragg, asked the same question to another potential juror. Does a personal bad experience in the subway lead to impartiality in the evaluation of this case?

“I don’t know if I can be impartial on this,” the potential juror said carefully. “Sometimes I think people need to step in.”

“In that case,” Ms. Yoran explained, “we’re not going to argue that he (Mr. Penny) shouldn’t have stepped in; it happened later.”

The prosecution alleges that Mr Penny recklessly held the chokehold for six minutes “well beyond the point at which Neely stopped the deliberate movement”.

On Monday afternoon, six people were sworn in after several potential jurors were pardoned.

One of the selected jurors is a woman who lives near Lincoln Center, has a master’s degree in theater management, and works for an arts organization in marketing and communications. He told the court last week that he took the subway 3-4 times a week and witnessed explosions. When asked if he felt personally threatened, he was concerned and answered yes.

The next juror to be sworn in is a man who has lived in Washington Heights since 1993, was born in the Philippines, works in healthcare and lives with his parents. He also told the court he rides the subway three to four times a week and sees people having fits, but has never felt personally threatened.

But a retired man who has lived on the Upper West Side for 32 years told the court about his incident on the Q train. “There was a homeless gentleman on the platform… for some reason he noticed me and decided to harass me for no reason. “I had no idea what he was talking about,” the man said.

Despite this experience, both the defense and the prosecution found the man neutral and he was sworn in.

Too bad It will continue on Tuesday.