Daniel Penny's legal team 'not surprised' by motion denial as it expresses confidence in full exoneration

NEW YORK CITY, NEW YORK: Daniel Penny, a Marine veteran who was charged with killing a homeless man Jordan Neely on a subway train, will likely face trial in the fall.

His lawyer, Thomas Kenniff, said he was confident that his client would be cleared of all charges.

Daniel Penny's lawyer's rejection of the motion does not weigh in on the case 

Kenniff told Fox News on Friday, January 19, that he was “not surprised” that a New York judge rejected his motion to dismiss the indictment against Penny. 

“We’re not surprised because… really it’s less about the judge and much more about the very low standard of proof in the grand jury, in a grand jury in New York,” Kenniff said.

“If 12 out of 23 jurors vote for indictment, the DA gets an indictment. That’s why they always indict."

"So the judge reviewing our motions really has no legal choice but to apply that same absurdly low standard, and that’s why it’s a very low percentage play to ever get an indictment dismissed,” he said.

The incident traces back to May 1, 2023, when Penny applied a chokehold on Jordan Neely, a homeless man and former Michael Jackson impersonator, leading to his demise on the F subway train in Manhattan.

The lawyer says Daniel Penny received overwhelming support

Kenniff said that Penny had received a lot of public support and sympathy since the motion was rejected.

He said Penny’s legal defense fund received about $100,000 in online donations within 24 hours.

“The reality is that the support our client has received has been overwhelming… since the judge denied the motion, which didn’t come as a surprise,” Kenniff said.

“Within 24 hours after that, there was about $100,000 in online donations to support his legal defense fund,” Kenniff further said on the station.

He also said that many people in New York and beyond could relate to Penny’s situation and admired his courage.

“We think that the mood in this city and beyond is very much in support of our client, because so many people know what it’s like if you walk the streets of New York, if you take the subway, to experience exactly the situation,” he continued.

“But there’s not always a savior like my client to step in.”

The lawyer highlights Daniel Penny's military background and service expertise as a marine

Kenniff said that Penny was coping well with the ordeal and was continuing with his studies.

He said that Penny was a Marine who knew what it meant to serve and had the strength to face the trial.

He said he had “no doubt” that Penny would be “fully exonerated” by a jury. “No one would ever want to be in this situation,” Kenniff said on the station.

“Even if you’re fully exonerated, as I have no doubt our client will be, it’s a harrowing experience."

"Having said that… he’s a Marine. He knows what it means to serve. If there is anyone who has the metal to deal with something like this, it’s him, and he’s holding his head up high, is continuing with his studies...,” he added.

Eleven days following the fatal chokehold incident, Penny voluntarily surrendered to the Manhattan District Attorney's Office.

He faced charges of second-degree manslaughter and criminally negligent homicide. Despite the accusations, he entered a plea of not guilty.