A criminal defense attorney, Mercedes Colwin, appeared on NewsNation’s “On Balance” to discuss a potential bias in the subway chokehold case that resulted in the death of a fellow passenger.
The suspect, who maintained the chokehold, turned himself in to authorities and is now facing a manslaughter charge that carries a potential prison sentence of 15 years.
During the discussion, Colwin highlighted the role of media in creating bias in the case.
She questioned why the suspect was being referred to as “Mr.
Moon Walker” and suggested that such labeling was an attempt to influence public opinion by the prosecution.
Colwin emphasized that the focus should be on the events that took place in the subway car and the feelings of the individuals involved, rather than the personal background of the victim.
The case raises concerns about fair treatment and trial proceedings.
Colwin acknowledged that the defense team might seek a change of venue due to potential media influence on the pool of jurors.
They are striving for due process, a fair trial, and unbiased jurors who consider the totality of the circumstances surrounding the chokehold incident.
Another aspect discussed was the presence of a Marine named Daniel Penny, who was reportedly a bystander trying to protect others during the incident.
The defense attorney questioned whether Penny would receive a fair shake in the media and how it could impact his chances at trial.
The article also mentioned the suspect’s prior criminal record, which includes 42 previous arrests for assault, an active warrant for attempted child kidnapping, and indecent exposure.
However, it is uncertain whether this information will be admissible in court, as Penny, the bystander, was unaware of the suspect’s history at the time of the chokehold.
The defense and prosecution are anticipated to engage in a heated legal battle over the admissibility of the suspect’s criminal record.
The defense is eager to introduce it as evidence, but it remains unlikely, considering that Penny was unaware of the suspect’s past during the incident.
The article concludes by highlighting the importance of fairness and the challenges faced by Daniel Penny in obtaining a fair trial.