Posted on 09/11/2024 1:00:12 PM PDT by ChicagoConservative27
A European couple who videotaped the subway chokehold death of Jordan Neely could be “incredibly favorable” to ex-Marine Daniel Penny’s defense at his upcoming trial, his lawyers say — but the mystery lovebirds have refused to testify.
Manhattan Supreme Court Justice Maxwell Wiley revealed Monday that the two European eyewitnesses have rebuffed prosecutors’ bid to get them to turn over the footage and return to the city for Penny’s trial next month, according to a transcript obtained by The Post.
The couple “apparently took a video of the incident, and since that time have declined to testify in the Grand Jury, and have gone back to their home, which apparently is in Europe someplace,” the judge said during a lawyers-only conference.
“They have so far refused to share the video that they took,” the judge added. “They refused to share it with the DA, or with anyone else, and they are so far refusing to come back to testify.”
(Excerpt) Read more at nypost.com ...
” two European eyewitnesses have rebuffed prosecutors’ bid to get them to turn over the footage”
yeh- i’m sure the fat, left wing, racist prosecutor/DA of NYChitty really, really wants video that would be favorable to Daniel Penny...
So much for the 6th amendment, which guarantees defendants in criminal prosecutions “compulsory process for obtaining witnesses in his favor.”
If no one has seen the video but them, maybe it doesn’t even exist. Maybe these two are hoping to get paid ‘a reasonable sum’ before turning it over, if even then.
Does the US have some kind of treaty in place with European nations to enforce a US court subpoena to hand over evidence or compel testimony in a trial of a crime of dual criminality?
NO. We have extradition agreements with some nations to return a criminal but not a witness. To return as a witness is voluntary as it should be. One must honor an order to appear in court in the USA if you are here in the USA. How would you feel about an order to appear in court in Iran, Cuba, Equatorial Africa, etc?
OBSTRUCTION OF JUSTICE ?????
Civic duty today. Tell them when Russia invades, we will video tape it.
They’re Brits and likely believe Penny was guilty of murdering the guy despite video evidence to the contrary.
The prosecutor probably urged them to return to Europe so that cannot be subpoenaed and told them they would get death threats from the public if they testified in favor of a shooter.
It is not hard for a prosecutor to convince a witness not to testify. Of course, if the defendant did that, it would be obstruction of justice and witness interference and the prosecutor would be adding criminal charges to the indictment as we speak.
Zoom testimony and electronic transfer of the footage.
They should never “tourist” here again.
IIRC, the Hague Convention also applies to witness testimony. The couple can answer written questions and provide a copy if the recording.
Well, that is why you dont have extradition treaties with third world countries and dictatorships, what about European countries? It doesnt make sense not to be able to have some kind of reciprocal treaty to compel a witness to turn over evidence or give testimony in a trial for something that is a crime in both countries. They could even do it by video link.
They reside and are citizens of another country. Besides, if the prosecutors are trying to convict Penny, they are not going to want exculpatory evidence.
That’s U.S. law. How do they act against someone in another country?
I’m not a lawyer. I think others on this list are better qualified to address the issues in this case.
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