>> Ashley: IT IS UNCLEAR WHEN
PENNY WILL APPEAR IN COURT.
>> Carley: BRING IN BRIAN
CRAIGPOOL, WHAT ARE YOUR
THOUGHTS ON THIS INDICTMENT AND
WHAT ARE THE CHANCE DANIEL PENNY
WILL GET CONVICTED?
>> CARLEY, GREAT TO BE WITH YOU.
I'M NOT SURPRISED BY THE
INDICTMENT, THAT IS LOWER
STANDARD ISSUE JUST REASONABLE
CAUSE PENNY COMMITTED A CRIME.
THE MANHATTAN DA HAS A HARD HAUL
AHEAD.
IT WILL BE REALLY DIFFICULT FOR
HIM TO SECURE CONVICTION IN THIS
CASE FOR TWO BIG REASONS.
NUMBER ONE, WE LIVE IN DANGEROUS
TIMES.
I'M IN L.A. AND WE HAD ONE
TEENAGE GIRL KILLED BY A
HOMELESS PERSON.
SHE WAS GETTING OFF A BUS, I'M
SURE THE SAME DANGER IN NEW YORK
CITY.
JURORS VIEW HOMELESS PEOPLE IN A
DIFFERENT WAY, MORE DANGEROUS
SITUATION.
PENNY'S LAWYER SAID, YOU CAN'T
WAIT UNTIL SOMETHING TO
INTERVENE.
IT WILL BE HARD FOR A
CONVICTION, DANIEL PENNY
HIMSELF.
YOU HEARD HIM SPEAK.
HE'LL BE AT FOREFRONT OF THIS
DEFENSE.
HE WILL TESTIFY AND HUMANIZE
WHAT HAPPENED IN THE SUBWAY.
HE IS VERY ARTICULATE, A FORMER
MARINE VETERAN AND JURORS WILL
PERCEIVE HIM AS A HERO.
>> Todd: BIGGER PICTURE, YOU
ELUDED TO IT.
WHAT DOES THIS SAY ABOUT HUMAN
INSTINCT TO DEFEND YOURSELF WHEN
ATTACKED?
TO ME, THIS IS A GRAND JURY AND
I UNDERSTAND ONLY THE PROSECUTOR
PUTS FORWARD EVIDENCE IN A GRAND
JURY.
WHEN YOU HEAR THEY INDICTED HIM,
THAT SENDS A MESSAGE, IF YOU
DEFEND YOURSELF OR OTHERS, YOUR
LIFE COULD BE RUINED.
>> THIS CASE IS BIGGER THAN
JORDAN NEELY, THIS IS PUBLIC
SAFETY INTERACTING WITH MENTAL
HEALTH AND THE QUESTION WE HAVE
TO ASK OURSELVES, ARE WE GOING
TO INTERVENE WHEN WE SEE A
DANGEROUS SITUATION?
HOW MANY TIMES HAVE WE SEEN
VIDEOTAPES ACROSS THE COUNTRY OF
KIDS GETTING BEATEN UP AT
SCHOOL, KIDS GETTING ASSAULTD
AND NOBODY JUMPS IN TO INTERVENE
TO HELP.
THAT IS THE QUESTION THIS JURY
WILL HAVE TO STRUGGLE WITH.
PENNY JUMPED IN.
HE DIDN'T WAIT.
YOU HEARD HIS COMMENTS.
JORDAN NEELY SAY, I'M GOING TO
KILL PEOPLE, THROWS HIS COAT
OFF.
HE WILL ARGUE, I HAD TO JUMP IN,
I SAW KIDS IN THE SUBWAY.
>> Carley: TOXICOLOGY REPORT HAS
NOT BEEN RELEASED PUBLICLY.
DO YOU THINK THAT INFORMATION
WAS MADE AVAILABLE TO THE GRAND
JURY?
>> THAT'S A GREAT QUESTION.
I WAS GOING TO GET TO THATTIN
PO.
I DON'T THINK IT WAS MADE
AVAILABLE TO THE GRAND JURY,
USUALLY TAKES 30 TO 45 DAYS FOR
NORMAL TOXICOLOGY REPORT TO BE
PROCESSED.
HE DIED ON MAY 1.
WHAT IS IN THE TOXICOLOGY REPORT
AND I THINK PENNY'S LAWYERS WILL
ARGUE CAUSATION. SURPRISED THEY
HAVE NOT DONE INDEPENDENT
AUTOPSY.
DELIRIUM HAPPENS WHEN SOMEBODY
PASSES ADRUGS.
I'M NOT SAYING JORDAN NEELY WAS
ON DRUGS, IF TOXICOLOGY SHOWS
HIGH LEVEL OF DRUGS IN HIS
SYSTEM, PENNY'S LAWYERS COULD
POTENTIALLY ARGUE MIGHT HAVE
BEEN ANOTHER CAUSE OF DEATH, FOR
EXAMPLE, A HEART ATTACK.
SEE WHAT IS IN THERE IN TERMS OF
LIGATURE MARKS AND WERE BONES
BROKEN.