Wednesday, December 4, 2024

The Daniel Penny trial is a disgrace

 



On March 13, 1964, at about 3AM, Kitty Genovese, a 28-year-old bartender, was raped and stabbed to death outside the apartment building in which she lived, in Queens, New York. Dozens of residents in the building heard her screaming for about 30 minutes as she fought for her life. Not only did no one intervene to help her, no one even called the police. The murderer, later arrested by police, had begun stabbing Genovese, then ran off when he saw the lights go on in a few apartments above him. He waited in the shadows to see if anyone took action, then, seeing none, went back to the helpless woman, and continued stabbing her. The horrific incident sparked outrage across the country as people asked if the public had become desensitized to violence.

It became known as “the bystander effect,” in which numerous witnesses reportedly did not help her because they assumed others would take action. Studies indicate that when multiple bystanders are present, the sense of responsibility is diluted. Each person figures that someone else will step in to help the affected individual. In addition, people often fear being judged by others if they intervene in a situation, especially, given our litigious society, if their intervention results in serious injury to one of the parties involved. Then there’s the fear of injury or death to themselves if they take an active role.

Most people are unfamiliar with violence, having very little experience with hostility on a physical level. The average adult probably hasn’t had anything more than a fistfight or two in high school, resulting in a bloody nose, or a skinned knee. The fact is civilized people don’t relate well to violent behavior. Another fact is that most people are simply, and rightfully, afraid to intervene against a street thug.  Consequently, if they happen to see someone being assaulted, they’re likely to think more about their own survival than that of the victim. Unless they have some combat training, they’re more likely to end up as a second victim, rather than a rescuer.

In the so-called subway “chokehold trial” in New York City, a Marine veteran, Daniel Penny, 24, came across Jordan Neely, a 30-year-old homeless man who had been arrested 42 times for various crimes including assaults on women in the subway, larceny and numerous other criminal actions. Mr. Neely was screaming and threatening violence toward passengers, while proclaiming that he was “ready to die. Witnesses said they feared for their lives as Neely screamed, “I don’t mind going to jail and getting life in prison. Someone is going to die today!” Initially, Mr. Penny ignored Neely, until he saw him approach a mother with her small son, hiding behind a stroller. He heard Neely threaten: “I will kill.”

That’s when Penny got involved. He came up behind the man, grabbed him by the neck and they both fell to the ground with Penny’s arm around Neely’s neck. The police arrived several minutes later, and Neely was found to have a faint pulse as he was being transported to a hospital, where he was pronounced DOA. Penny was questioned by NYPD detectives and released without charge. Yet, it didn’t take long before the incident sparked accusations of vigilantism and racism (Neely was black, Penny is white). The usual race-baiting began, along with demands that Penny be prosecuted.

It didn’t matter that many passengers championed Penny’s intervention, or that Neely was a 42-time loser and threatened to kill people. Instead, the mob was in control and the good Samaritan found himself charged with homicide. The trial is over, and, at the time of this writing, the jury is in deliberation. I sincerely doubt he’ll be convicted, because those jury members live in NYC and probably have been living in fear of people like Neely. For that reason, and common sense, I think it will be either an acquittal or a hung jury. Even so, Penny should have been commended for his bravery, not prosecuted for it. The real culprit is the system that allows someone to be out on the street after being arrested 42 times!   

 

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