WEBVTT
1
00:00:07.280 --> 00:00:16.760
Our next president of the United States of America.
2
00:00:17.199 --> 00:00:22.440
Yeah, Dawson, she's missing.
3
00:00:23.000 --> 00:00:27.280
She went for a run, never came home.
4
00:00:29.359 --> 00:00:33.840
Behind the gate. Swear you Christmas was not random?
5
00:00:33.880 --> 00:00:34.359
Where is she?
6
00:00:34.759 --> 00:00:35.320
Houses?
7
00:00:35.479 --> 00:00:35.960
Shine?
8
00:00:36.479 --> 00:00:41.520
Doncha is pregnant? Every secret has a friend.
9
00:00:43.039 --> 00:00:44.560
You promised me she wouldn't be hurt.
10
00:00:45.200 --> 00:00:47.679
He's dressed in white.
11
00:00:50.920 --> 00:00:51.719
That's so for Dad.
12
00:00:51.759 --> 00:00:54.799
I'm done, Misak. It's that simple.
13
00:00:54.840 --> 00:00:57.640
Do you You are destined to be president?
14
00:00:58.359 --> 00:00:59.560
What do you know about Ken Dawson?
15
00:00:59.600 --> 00:01:01.560
Don angels fool?
16
00:01:03.799 --> 00:01:06.040
They smile for the camps.
17
00:01:07.319 --> 00:01:09.840
It's the job of my friends and me here to
18
00:01:09.959 --> 00:01:15.200
protect the next president. As I said, gentlemen, be careful
19
00:01:15.200 --> 00:01:15.680
getting home.
20
00:01:16.280 --> 00:01:19.359
These roads can be dangerous at night. The other blood
21
00:01:19.359 --> 00:01:22.120
sample got a hit. The suspects being held at the tombs,
22
00:01:22.280 --> 00:01:25.680
we need to get there. Busing in on that had
23
00:01:25.680 --> 00:01:25.879
to be.
24
00:01:26.840 --> 00:01:30.480
We can make them present this case to a grand jury.
25
00:01:31.680 --> 00:01:35.480
Hearts to Supe today. The US Attorney's Office has called
26
00:01:35.519 --> 00:01:38.519
a seven am press conference concerning.
27
00:01:38.079 --> 00:01:39.560
A major political figure.
28
00:01:39.959 --> 00:01:50.120
Everyone, Palmer, you're not President Dawson.
29
00:01:50.680 --> 00:01:58.319
M all right.
30
00:01:58.400 --> 00:02:02.200
Joining us now is the lawyer who has successfully defended
31
00:02:02.519 --> 00:02:05.439
Daniel Penny. And we didn't talk about that a lot
32
00:02:05.480 --> 00:02:07.200
on this show, but we did talk about it several
33
00:02:07.200 --> 00:02:10.879
times what I think was an injustice and so we
34
00:02:10.919 --> 00:02:12.800
wanted to talk to him about the trial and what
35
00:02:12.919 --> 00:02:15.479
is happening now. There is a civil case that he's
36
00:02:15.479 --> 00:02:19.520
still defending him against and he's also written a book
37
00:02:20.159 --> 00:02:23.120
and that looks very fascinating. This book called Tuxedo Park.
38
00:02:23.560 --> 00:02:26.120
It just came out yesterday. It is a fictional book.
39
00:02:26.120 --> 00:02:28.800
It's not about the Daniel Penny case, but I think
40
00:02:28.840 --> 00:02:32.639
it lays out his view of the professional being a lawyer.
41
00:02:32.960 --> 00:02:35.719
Very interested in talking to him because he's been on
42
00:02:35.800 --> 00:02:38.879
both sides of this coin. He's been both a prosecutor
43
00:02:39.360 --> 00:02:43.759
and a defense attorney. So joining us now is Thomas Kenneth.
44
00:02:44.560 --> 00:02:47.719
Thank you for joining us, sir. Yeah, so good to
45
00:02:47.719 --> 00:02:49.919
be here. Before we talk about the Daniel Penny case,
46
00:02:49.919 --> 00:02:52.560
So let's talk a little bit about the different roles
47
00:02:52.599 --> 00:02:55.759
of prosecutors and defense attorneys because you've been on both
48
00:02:55.759 --> 00:02:57.879
sides of that. When you were a JAG officer in
49
00:02:57.919 --> 00:03:02.159
the military, you were involved and both prosecutions and defense.
50
00:03:02.199 --> 00:03:04.120
Tell us a little bit about your perspective on that.
51
00:03:05.800 --> 00:03:09.520
Yeah, you know, it's I started my career, at least
52
00:03:09.560 --> 00:03:11.919
my career in criminal law. As a prosecutor, I was
53
00:03:11.960 --> 00:03:14.319
hired by Jeanine Piro in the West who was then
54
00:03:14.360 --> 00:03:17.280
the elected District Attorney of Westchester County here in New York.
55
00:03:18.360 --> 00:03:23.800
And then I somewhat roughly simultaneously with that, I commissioned
56
00:03:23.840 --> 00:03:26.560
as an officer into the New York Army National Guard
57
00:03:26.639 --> 00:03:30.639
JAG Corps, and I was almost immediately deployed to.
58
00:03:30.639 --> 00:03:31.400
War in Iraq.
59
00:03:31.479 --> 00:03:35.240
I served for a year Operation Iraqi Freedom in two
60
00:03:35.240 --> 00:03:39.240
thousand and five, and I was more on a proscatorial
61
00:03:39.319 --> 00:03:42.120
side than the JAG Corps as I had been in
62
00:03:42.120 --> 00:03:44.840
the District Attorney's office. And then, you know, after a
63
00:03:44.879 --> 00:03:49.159
few years, I kind of made the transition over to defense,
64
00:03:49.159 --> 00:03:53.560
which is not uncommon. And you know, it is interesting
65
00:03:53.599 --> 00:03:57.800
to get to see both sides of the criminal justice system.
66
00:03:57.840 --> 00:04:02.159
I think in both instances, you know, it's about justice,
67
00:04:02.319 --> 00:04:09.039
but as a prosecutor, you're really kind of representing the
68
00:04:09.120 --> 00:04:14.240
system and representing law and order, so to speak. In
69
00:04:14.280 --> 00:04:16.399
a more general sense. I mean, you do develop a
70
00:04:16.480 --> 00:04:19.160
relationship sometimes with the victims of the crime or the
71
00:04:19.240 --> 00:04:23.199
family is but you're not representing an individual like you
72
00:04:23.240 --> 00:04:25.560
are in the case of defense attorneys. So as a
73
00:04:25.600 --> 00:04:28.319
defense attorney, things become much more personal and you have
74
00:04:28.399 --> 00:04:30.560
that feeling of you know, hey, I have an individual's
75
00:04:30.600 --> 00:04:32.920
life in my hands, and that's a tremendous responsibility.
76
00:04:33.120 --> 00:04:33.600
Yeah. Yeah.
77
00:04:33.639 --> 00:04:36.160
We just watched a movie and I forget what it
78
00:04:36.439 --> 00:04:39.240
was about a decade old and it had Tom Cruise
79
00:04:39.240 --> 00:04:43.000
and it began with a defense attorney getting into a
80
00:04:43.040 --> 00:04:45.920
cab and she's talking about this guy. I know that
81
00:04:45.920 --> 00:04:48.279
I'm defending he's innocent, and I just don't feel like
82
00:04:48.319 --> 00:04:50.879
I've done a good enough job. It's gonna hot me
83
00:04:51.319 --> 00:04:53.319
over this, And I guess that really is the case
84
00:04:53.360 --> 00:04:56.199
as well, when you are defending somebody that you think
85
00:04:56.319 --> 00:04:59.600
is innocent. Was that the case certainly with Daniel Penny?
86
00:05:00.480 --> 00:05:02.959
Well, you know, it's certainly the case with Daniel Penny.
87
00:05:03.000 --> 00:05:06.399
And you know, David, one of the questions I get,
88
00:05:08.079 --> 00:05:13.639
you know, most frequently is well, I think every defense
89
00:05:13.680 --> 00:05:18.240
attorney gets this at cocktail parties or social engagement says, well,
90
00:05:18.240 --> 00:05:19.800
how do you defend those people? Or how do you
91
00:05:19.839 --> 00:05:23.160
defend someone when you know they're guilty? The answer I
92
00:05:23.199 --> 00:05:27.279
always give is, you know, it's the hardest thing to
93
00:05:27.319 --> 00:05:30.800
do is to represent someone you know is innocent. You know,
94
00:05:30.800 --> 00:05:33.120
as a defense attorney, as you guys, elisly represent your
95
00:05:33.120 --> 00:05:34.920
client whether you like them or not, whether you think
96
00:05:34.920 --> 00:05:38.040
they're guilty or innocent or somewhere in between. Part of
97
00:05:38.040 --> 00:05:40.079
what you're doing is defending the Constitution of the United
98
00:05:40.120 --> 00:05:43.160
States and their rights under it. But you know, if
99
00:05:43.199 --> 00:05:46.120
you're representing someone who's really not a great person and
100
00:05:46.319 --> 00:05:50.199
you know that they've quote unquote done it, you know
101
00:05:50.240 --> 00:05:52.399
you're probably not going to wake up at night in
102
00:05:52.480 --> 00:05:54.680
both sweats if the jury gets it wrong. But when
103
00:05:54.680 --> 00:05:58.720
you have someone like Daniel Penny, you know, it's really
104
00:05:58.759 --> 00:06:02.959
the most difficult thing that any lawyer can be called
105
00:06:03.000 --> 00:06:03.399
upon to do.
106
00:06:03.920 --> 00:06:06.720
I imagine, yeah, when you're looking at when you're defending
107
00:06:06.879 --> 00:06:09.920
somebody that you think is guilty, that did it. In
108
00:06:09.959 --> 00:06:12.079
a sense that you point out, you're defending the Constitution,
109
00:06:12.199 --> 00:06:14.319
You're defending the rule of law. And that's really important
110
00:06:14.319 --> 00:06:18.120
because that really is about defending innocent people in general.
111
00:06:18.720 --> 00:06:22.360
And I've had a discussion about some of the cases that.
112
00:06:22.319 --> 00:06:23.800
I've talked about on this show here.
113
00:06:24.680 --> 00:06:27.959
Obviously it looks like the person did the crime, but
114
00:06:28.000 --> 00:06:29.959
I and people get ups up with me about that
115
00:06:29.959 --> 00:06:32.120
because I say, yeah, but we've got to follow due process.
116
00:06:32.160 --> 00:06:34.519
You can't just ship abroad or whatever you feel like
117
00:06:34.560 --> 00:06:36.199
doing to them. I mean, we don't want to have
118
00:06:36.240 --> 00:06:39.120
a lynch mob society, especially when it's being run from
119
00:06:39.160 --> 00:06:39.439
the top.
120
00:06:39.480 --> 00:06:40.439
That's very dangerous.
121
00:06:40.439 --> 00:06:43.879
But well, you know, absolutely hit the nail on the head.
122
00:06:43.959 --> 00:06:47.079
And you know, the minute we start only providing is
123
00:06:47.240 --> 00:06:51.040
ls defense for people that look kind of innocent, is
124
00:06:51.079 --> 00:06:53.720
the minute is the moment you know your tiler justice
125
00:06:53.720 --> 00:06:57.040
system is gone. Because history is replete with examples of
126
00:06:57.560 --> 00:07:01.120
individuals who at the time were considered totally contemptible, uh,
127
00:07:01.519 --> 00:07:05.680
totally undeserving of representation or mercy or anything of the like.
128
00:07:06.399 --> 00:07:08.920
And you know, then you look back on it and say, well,
129
00:07:09.000 --> 00:07:13.160
you know, thank goodness, those people had a defense, or
130
00:07:13.399 --> 00:07:15.399
they really should have had a defense. Maybe they didn't
131
00:07:15.399 --> 00:07:18.079
get it. You know, so you have to treat. You know,
132
00:07:18.079 --> 00:07:20.199
I always say it's sort of like a doctor and
133
00:07:20.240 --> 00:07:23.279
a triage and in an emergency room you could have
134
00:07:23.399 --> 00:07:26.720
a cold blooded killer on the operating table, or you
135
00:07:26.759 --> 00:07:30.879
could have you know, a RASA type person. Either way,
136
00:07:30.959 --> 00:07:33.000
you know, you take out your tools and you get
137
00:07:33.040 --> 00:07:33.399
to work.
138
00:07:33.680 --> 00:07:37.600
Yeah, that's right now. In your novel, your hero is
139
00:07:37.639 --> 00:07:43.920
a burned out ex assistant district attorney. That's not autobiographical,
140
00:07:44.040 --> 00:07:44.279
is it.
141
00:07:45.319 --> 00:07:45.680
Well?
142
00:07:45.920 --> 00:07:48.959
You know, look there, I think you know what I've
143
00:07:49.040 --> 00:07:51.439
learned on the writing journey, if that's what we're going
144
00:07:51.480 --> 00:07:54.639
to call it, you know, is that a good writer,
145
00:07:54.879 --> 00:07:57.519
Any good writer is going to write a lot about.
146
00:07:57.240 --> 00:07:57.720
What they know.
147
00:07:58.199 --> 00:08:02.240
Yeah, or please learn a lot about what they're writing
148
00:08:02.279 --> 00:08:03.360
about so they know it.
149
00:08:05.160 --> 00:08:05.319
You know.
150
00:08:05.399 --> 00:08:08.759
Always been kind of a history buff and maybe, you know,
151
00:08:08.800 --> 00:08:11.000
perhaps I'd like to write a book about Abraham Lincoln
152
00:08:11.079 --> 00:08:13.360
or something, you know, but I don't have hours to
153
00:08:13.360 --> 00:08:15.439
sit in a research library. I mean, I barely have
154
00:08:15.560 --> 00:08:17.959
hours to sit in a law library because I'm so busy,
155
00:08:19.160 --> 00:08:22.000
you know. So I decided to, you know, I had
156
00:08:22.040 --> 00:08:23.839
a concept and I said, let me write. You know,
157
00:08:23.920 --> 00:08:26.439
I'll write about what I know. And you know, the
158
00:08:26.480 --> 00:08:30.639
book deals with a you know, sort of a prosecutor
159
00:08:30.759 --> 00:08:35.320
becomes disenchanted and then is sort of drawn into moonlighting
160
00:08:35.360 --> 00:08:42.320
again as a prosecutor on the case of a strange,
161
00:08:43.600 --> 00:08:46.639
you know, teenage girlfriend of his from twenty years earlier
162
00:08:46.759 --> 00:08:50.639
that wound up, that goes missing and it's an abduction
163
00:08:50.879 --> 00:08:55.639
that then becomes a suspected murder, and as he's sort
164
00:08:55.639 --> 00:08:58.960
of unraveling the clues and the evidence that begins to
165
00:08:59.080 --> 00:09:02.480
lead back to the front runner for the presidential election,
166
00:09:02.679 --> 00:09:05.480
who then becomes the president elect, and it's he's in
167
00:09:05.559 --> 00:09:08.279
a racing time to try and stop this individual from
168
00:09:08.279 --> 00:09:12.639
taking the lighthouse, you know, before an auguration day.
169
00:09:13.440 --> 00:09:14.360
That's a great prices.
170
00:09:15.279 --> 00:09:19.879
Yeah, you know, it's it's it's spicy, I think, but
171
00:09:20.679 --> 00:09:22.799
you know, yeah, I mean it is that I was
172
00:09:22.919 --> 00:09:26.159
once a young prosecutor in New York's case about a
173
00:09:26.200 --> 00:09:29.559
young prosecutor, it's fictional, but I certainly, you know, I
174
00:09:29.559 --> 00:09:31.480
think I will have a good amount of my personal
175
00:09:31.519 --> 00:09:34.600
experiences and my professional experiences into it.
176
00:09:35.080 --> 00:09:37.679
Yeah, we talked about the defense side of it, but
177
00:09:37.679 --> 00:09:39.840
when to look at the prosecution side of it and
178
00:09:39.879 --> 00:09:43.039
what might burn somebody out? You know, with a case
179
00:09:43.080 --> 00:09:46.639
of Daniel Penny, everybody was just astounded that they didn't
180
00:09:46.679 --> 00:09:50.159
give him a medal. Instead they indicted him. And I
181
00:09:50.159 --> 00:09:52.879
guess that's the other issue going back to that case.
182
00:09:52.919 --> 00:09:55.000
Let's talk a little bit about the specifics of the
183
00:09:55.399 --> 00:09:58.159
Daniel Perry case. Just reminded the audience in case they
184
00:09:58.200 --> 00:10:00.720
don't know some of the details of what happened with that.
185
00:10:02.399 --> 00:10:04.200
Yeah, so Daniel Penny.
186
00:10:05.679 --> 00:10:09.600
Is a was it is a former marine, although marines,
187
00:10:09.679 --> 00:10:12.120
or never former Marines than Marines. But he served his
188
00:10:12.200 --> 00:10:16.320
four years in the Marine Corps. He enlisted right out
189
00:10:16.360 --> 00:10:18.919
of high school, which is not, you know, so common
190
00:10:18.960 --> 00:10:20.679
and you know for someone who goes to a suburban
191
00:10:20.759 --> 00:10:22.879
high school along Long Island, New York as opposed to
192
00:10:23.120 --> 00:10:27.519
the other parts of the country. So it was a courageous,
193
00:10:27.519 --> 00:10:30.039
selfless acts, as it is for anybody who takes the
194
00:10:30.039 --> 00:10:33.679
oath and is willing to serve the country in any capacity. Uh.
195
00:10:33.960 --> 00:10:38.320
He returned after his four year deployment. He was well commended,
196
00:10:38.360 --> 00:10:41.759
well decorated for his time in the Marines, but he
197
00:10:41.799 --> 00:10:44.600
decided to re enter civilian life and he came back
198
00:10:44.639 --> 00:10:47.519
here to the New York area where he was from.
199
00:10:47.679 --> 00:10:53.440
He enrolled in a city college in Brooklyn, Brooklyn Tech,
200
00:10:55.320 --> 00:11:00.279
and was took an apartment downtown Manhattan. Then was doing
201
00:11:00.320 --> 00:11:02.600
what college kids did, do you know. He was working
202
00:11:02.639 --> 00:11:06.200
a part time job, using his GI bill and getting
203
00:11:06.879 --> 00:11:09.759
and looking to get his education and make a life
204
00:11:09.759 --> 00:11:15.080
for himself after the Marines. Unfortunately, he encountered an individual
205
00:11:15.120 --> 00:11:18.799
by named Jordan Neely who was a to call him
206
00:11:18.799 --> 00:11:22.600
a recidibus defender would be to minimize it. He was
207
00:11:22.600 --> 00:11:27.399
really one of the city's most prolific criminals and one
208
00:11:27.440 --> 00:11:31.279
of the most dangerously psychotic individuals on the street. Those
209
00:11:31.320 --> 00:11:33.440
aren't just my words, that's you know how he was
210
00:11:33.519 --> 00:11:36.639
listed in DENYPD profiles and so forth.
211
00:11:37.120 --> 00:11:39.360
And when Jordan Neely entered a subway.
212
00:11:39.279 --> 00:11:41.960
In the afternoon in Manhattan, when Danny was on his
213
00:11:42.039 --> 00:11:45.440
way back from class, you know, he made very clear
214
00:11:45.639 --> 00:11:49.840
that his intention was to do harm to the men,
215
00:11:49.919 --> 00:11:53.480
women and children on that subway train. Danny, you know,
216
00:11:53.559 --> 00:11:59.159
selflessly stepped in to subdue this individual. Unfortunately, in the
217
00:11:59.200 --> 00:12:03.120
aftermath of the counter Jordan Neely died. And that's tragic
218
00:12:04.120 --> 00:12:07.480
as any death, but it was not certainly not what
219
00:12:07.600 --> 00:12:11.320
Danny intended, and the evidence of trial even showed that,
220
00:12:11.440 --> 00:12:13.639
you know, it wasn't what he caused. You know, Jordan
221
00:12:13.679 --> 00:12:20.279
Neely died of factors that weren't related or weren't caused
222
00:12:20.279 --> 00:12:22.080
by the restraint that Danny used.
223
00:12:22.759 --> 00:12:25.960
That's interesting. And then why was he prosecuted. I mean,
224
00:12:26.000 --> 00:12:27.639
he was not arrested on the spot, right.
225
00:12:28.360 --> 00:12:29.039
No, he wasn't.
226
00:12:29.080 --> 00:12:33.080
In fact, what happened was he was utterly cooperative. He
227
00:12:33.399 --> 00:12:38.960
waited on the scene for many minutes onwards of you know,
228
00:12:39.679 --> 00:12:42.759
ten minutes before the from the time the encounter ended
229
00:12:42.799 --> 00:12:47.320
and the police finally showed up, he was, you know,
230
00:12:47.440 --> 00:12:50.759
very concerned for Jordan Neely. No one thought that Jordan
231
00:12:50.759 --> 00:12:54.000
Neely had died of a chokehold at that point. In fact,
232
00:12:54.399 --> 00:12:58.360
the police were administering Narkhan. The emergency room records, you know,
233
00:12:58.399 --> 00:13:00.240
indicated initially the cause of death.
234
00:13:00.080 --> 00:13:01.480
Was an overdose.
235
00:13:01.480 --> 00:13:03.879
He did have a lot of drunks in the system.
236
00:13:04.320 --> 00:13:07.120
And you know, Dan me being very cooperative, tells the
237
00:13:07.120 --> 00:13:10.879
police what happened on the subway station is all on
238
00:13:10.919 --> 00:13:13.679
body worn camera by the way need companies. Then voluntarily
239
00:13:14.519 --> 00:13:17.879
not to the police precinct where he's debriefed by you know,
240
00:13:17.919 --> 00:13:21.799
two season detectives for about an hour. He tells them,
241
00:13:21.960 --> 00:13:24.279
you know, exactly how things played out, and they send
242
00:13:24.360 --> 00:13:28.799
him home. And you know, that was where it was
243
00:13:28.840 --> 00:13:32.480
at least for a few days. And even when I,
244
00:13:32.519 --> 00:13:35.399
you know, initially spoke with the prosecutor that was originally
245
00:13:35.519 --> 00:13:38.320
signed to this case, just a district attorney in the
246
00:13:38.320 --> 00:13:41.559
Manhattan Day's Office that that I dealt with before, and
247
00:13:42.440 --> 00:13:45.440
it was a reasonable person and the original overtures from
248
00:13:45.440 --> 00:13:47.240
the DA's office was look, you know, we're going to
249
00:13:47.320 --> 00:13:49.039
take our time with this. We want to do a
250
00:13:49.039 --> 00:13:52.360
long and throw an investigation. Maybe next month we'll have
251
00:13:52.399 --> 00:13:55.679
a meeting in my office, in our office among the attorneys,
252
00:13:55.679 --> 00:13:58.000
and we'll kind of see where things go. They weren't
253
00:13:58.000 --> 00:13:59.960
pleasuring never to prosecute him, but there was a certain
254
00:14:00.120 --> 00:14:02.960
me no indication there was an urgency. And then what happened,
255
00:14:03.000 --> 00:14:09.120
of course, you know, the the politicians that the agenda
256
00:14:09.200 --> 00:14:12.360
driven politicians, the activists, the al Sharptons of the world,
257
00:14:12.399 --> 00:14:15.440
the b l at the Black Lives Matters, uh, you know,
258
00:14:15.559 --> 00:14:19.080
started rationing up the rank corps, if you will. There
259
00:14:19.200 --> 00:14:23.480
was a protest that the subways stop at the subway
260
00:14:23.480 --> 00:14:26.080
station where the protesters went on the tracks to block
261
00:14:26.159 --> 00:14:29.039
the trains. And now it's just the drum beat was
262
00:14:29.120 --> 00:14:31.639
loud and steady. And within a day or two of
263
00:14:31.639 --> 00:14:34.200
the call I just described, I get another call and saying, yeah,
264
00:14:34.240 --> 00:14:37.120
well sorry, you know, the orders come from the top,
265
00:14:37.559 --> 00:14:40.080
your client's got to surrender tomorrow. And at that point, well,
266
00:14:40.440 --> 00:14:41.840
what are you going to say? Now?
267
00:14:42.440 --> 00:14:48.399
So the das Alvin Bragg at that point, right, and yes, yeah,
268
00:14:48.960 --> 00:14:49.159
and so.
269
00:14:49.159 --> 00:14:51.240
I'm not dealing with them correctly, but it's his you know,
270
00:14:51.279 --> 00:14:52.559
it was his office, right.
271
00:14:52.519 --> 00:14:55.159
Right, And so yeah, it got a lot of attention
272
00:14:55.360 --> 00:14:58.279
on both sides, and everybody was really amazed that they
273
00:14:58.279 --> 00:15:00.960
would prosecute him. But of course, as you're talking about,
274
00:15:01.080 --> 00:15:03.519
was very political, and what was the political context at
275
00:15:03.519 --> 00:15:03.759
the time.
276
00:15:03.840 --> 00:15:06.039
Was that around the time of George Floyd as.
277
00:15:05.879 --> 00:15:08.159
Well, well, you know, it was much closer to it.
278
00:15:08.360 --> 00:15:13.279
And you know, we all know, you know, how things
279
00:15:13.320 --> 00:15:16.960
can change, you know, how quickly things can change, just
280
00:15:18.559 --> 00:15:22.919
based on individual incidents and also just the public mood,
281
00:15:23.080 --> 00:15:26.279
if you will. In May of twenty twenty three, it
282
00:15:26.320 --> 00:15:29.080
was a different time than you know, May of twenty
283
00:15:29.200 --> 00:15:32.519
twenty five or May of twenty twenty six. Not that
284
00:15:32.600 --> 00:15:36.039
we've you know, by any means overcome our issues as
285
00:15:36.039 --> 00:15:38.399
a society, but you know, at that point, there was
286
00:15:38.440 --> 00:15:44.399
still very much a fervor you know, to you know, judging,
287
00:15:44.519 --> 00:15:47.360
pre judging guilt, you know, in any kind of cross
288
00:15:47.559 --> 00:15:52.919
racial case where there's there's the death of a black person,
289
00:15:53.000 --> 00:15:56.519
regardless of the circumstances, regardless of whether there's justification or not.
290
00:15:57.440 --> 00:16:01.360
The BLM, you know, movement still had a lot of
291
00:16:01.519 --> 00:16:05.279
you know, Gusto behind it, the George Floyd situation.
292
00:16:06.360 --> 00:16:07.320
And I think since.
293
00:16:07.080 --> 00:16:11.039
Then, people have, you know, a lot of people have
294
00:16:11.080 --> 00:16:15.000
started to take a more nuanced view of all that. So,
295
00:16:15.320 --> 00:16:18.440
you know, it was this, you know, there may have
296
00:16:18.440 --> 00:16:21.159
been tragedy here, but was it you know, was it
297
00:16:21.279 --> 00:16:25.120
everything that was suggested to be? But in May twenty
298
00:16:25.279 --> 00:16:27.679
twenty three, we had all that headwind in our face,
299
00:16:27.799 --> 00:16:32.000
and we were also, you know, dealing with a burrow that,
300
00:16:32.120 --> 00:16:36.039
you know, politically is arguably is more liberal than a
301
00:16:36.159 --> 00:16:38.639
place in the country as far as voter registration and
302
00:16:38.759 --> 00:16:40.799
so forth. So there were a lot of people that
303
00:16:41.000 --> 00:16:43.080
said that, well, you're never going to get a fair
304
00:16:43.159 --> 00:16:46.200
trial in this case. It doesn't be in this venue,
305
00:16:46.279 --> 00:16:48.600
in the city, doesn't matter what the facts are.
306
00:16:50.320 --> 00:16:53.120
Yeah, and we look at this, if I remember correctly,
307
00:16:53.200 --> 00:16:55.159
I think there was the guy who was helping Daniel
308
00:16:55.600 --> 00:16:57.720
that was black himself, wasn't there.
309
00:16:58.480 --> 00:17:04.599
Yeah, he was only a darker, you know, skinned hispanic individual.
310
00:17:05.039 --> 00:17:07.119
And again, look, I don't think any of this should matter.
311
00:17:07.480 --> 00:17:09.279
Yeah, I don't think it was racial at all, and
312
00:17:09.559 --> 00:17:13.119
that's what everybody. It was made racial for political reasons.
313
00:17:13.519 --> 00:17:17.039
But it's certainly appropriate when you you know, when once
314
00:17:17.079 --> 00:17:19.640
I tries to racialize it to point out that wait
315
00:17:19.680 --> 00:17:25.640
a second, and more than the individuals that were helping him.
316
00:17:24.640 --> 00:17:26.839
You know, the the train itself.
317
00:17:26.960 --> 00:17:30.200
I mean, this is this is a mid town Manhattan Onday.
318
00:17:31.599 --> 00:17:35.079
You know, the subway car is not populated with all
319
00:17:35.119 --> 00:17:35.920
white people.
320
00:17:36.000 --> 00:17:36.240
Uh.
321
00:17:38.200 --> 00:17:41.359
New York City subway train that is. You know, it's
322
00:17:41.400 --> 00:17:46.200
about as diverse as you can get, you know, black, white, Asians.
323
00:17:45.759 --> 00:17:46.720
Hispanic.
324
00:17:47.799 --> 00:17:53.400
And you know, everyone on that train, I mean, virtually
325
00:17:53.440 --> 00:17:58.960
without exception, applauded what Danny did. In fact, you know,
326
00:17:59.039 --> 00:18:02.839
they were black people, men and women that stayed around
327
00:18:02.880 --> 00:18:04.839
to talk to the police to say, you know, look,
328
00:18:04.880 --> 00:18:07.480
he was trying to help us. He didn't do anything wrong.
329
00:18:07.599 --> 00:18:11.319
This other guy was scary, you know, he was seething
330
00:18:11.359 --> 00:18:13.839
he was going to hurt someone. And and that played
331
00:18:13.880 --> 00:18:15.519
out again at the trial. I mean, one of the
332
00:18:15.759 --> 00:18:17.759
poor things that you know, I knew. One of one
333
00:18:17.799 --> 00:18:20.880
of our missions, one of our objectives myself and the
334
00:18:20.920 --> 00:18:22.839
legal team to trial, was we said we have to
335
00:18:22.880 --> 00:18:27.000
put the jury the jury box in that subway car
336
00:18:27.319 --> 00:18:30.519
and let them, you know, see what these passengers saw,
337
00:18:30.680 --> 00:18:33.799
feel what they felt, since what they sent same way
338
00:18:33.880 --> 00:18:38.440
Danny had experienced all that and the bystanders, you know,
339
00:18:38.480 --> 00:18:40.839
because there was an attempt by the DA's office print
340
00:18:40.920 --> 00:18:42.680
as well. You know, yeah, he was you know, Jordan
341
00:18:42.759 --> 00:18:44.640
Neely was a bed you know, it was it was
342
00:18:44.640 --> 00:18:46.200
was saying things and he.
343
00:18:46.160 --> 00:18:46.880
Had a record.
344
00:18:47.839 --> 00:18:50.240
But you know this, this is just another you know,
345
00:18:50.640 --> 00:18:53.119
guy on the New York City subway carrying on. And
346
00:18:53.200 --> 00:18:56.079
we had these witnesses come in again. You know, it
347
00:18:56.200 --> 00:18:58.839
was a black woman who who testified before the jury.
348
00:18:58.960 --> 00:19:00.839
She said, Look, I've been I've riding the subway for
349
00:19:00.880 --> 00:19:04.440
fifty years. In whole life, I've been personally accosted.
350
00:19:03.960 --> 00:19:04.599
On the subway.
351
00:19:04.880 --> 00:19:08.720
People try to sexually astall me on the subway. None
352
00:19:08.720 --> 00:19:11.720
of those incidents scared me like Jordan Neely scared me.
353
00:19:11.839 --> 00:19:16.079
Was very powerful and and her words were echoed in
354
00:19:16.160 --> 00:19:18.640
so many ways by so many other witnesses.
355
00:19:19.079 --> 00:19:21.400
Yeah, it was a righteous cause defending him, and absolutely
356
00:19:21.640 --> 00:19:24.759
was of course, you know, as we're talking about before,
357
00:19:24.839 --> 00:19:27.160
you you work with the system that is there.
358
00:19:27.559 --> 00:19:29.359
He certainly was no Luigi, was.
359
00:19:29.319 --> 00:19:36.559
He Yeah, yeah, and you gotta you know, you can't.
360
00:19:38.039 --> 00:19:40.440
There I think is a temptation to lump you know,
361
00:19:40.559 --> 00:19:44.000
criminal defendants or yeah, into the same box. Well, you
362
00:19:44.039 --> 00:19:46.599
know he did, you know, very different, very different facts
363
00:19:46.640 --> 00:19:47.559
and circumstances.
364
00:19:47.640 --> 00:19:51.359
Well, it surprises me how many people have defended Luigi
365
00:19:51.480 --> 00:19:54.759
and donated money to him as well. And of course,
366
00:19:55.839 --> 00:19:59.240
even though he was acquitted, Daniel Penny is still facing
367
00:19:59.319 --> 00:20:02.079
a civil law suit and you are involved in helping
368
00:20:02.160 --> 00:20:03.640
him with that as well. Tell us a little bit
369
00:20:03.640 --> 00:20:04.119
about that.
370
00:20:05.240 --> 00:20:08.400
Yeah, so you know a lot of people who you
371
00:20:08.440 --> 00:20:12.400
know aren't involved or follow the legal system closely, or
372
00:20:12.440 --> 00:20:17.519
aren't lawyers, don't realize that, you know, there are You know,
373
00:20:17.559 --> 00:20:20.599
there are two systems of justice. There's a criminal in
374
00:20:20.640 --> 00:20:24.640
the civil and you can have a situation where even
375
00:20:24.680 --> 00:20:27.200
though someone is fully acquitted, as Daniel Penny was in
376
00:20:27.240 --> 00:20:31.599
the criminal case, that you know, they can still face
377
00:20:31.759 --> 00:20:35.839
a civil lawsuit doesn't mean the lawsuit has Merit doesn't
378
00:20:35.880 --> 00:20:37.960
mean it's going to be successful. In fact, we're quite
379
00:20:37.960 --> 00:20:39.720
confident that it won't be in this case for all
380
00:20:39.720 --> 00:20:44.279
the reasons the criminal case wasn't successful but for the prosecution.
381
00:20:45.519 --> 00:20:47.640
But there's not an absolute bar on it. It's not
382
00:20:47.680 --> 00:20:50.440
a double jeopardy situation. The classic example is the O. J.
383
00:20:50.559 --> 00:20:51.319
Simpson case.
384
00:20:52.319 --> 00:20:54.640
Again, although I'm loath to mention O J. Simpson in
385
00:20:54.680 --> 00:21:01.200
the same breath as client. Utterly just a situations. But
386
00:21:01.240 --> 00:21:06.799
the point is that you know, these lawsuits you know happened.
387
00:21:07.440 --> 00:21:12.920
You know, sometimes they have merit, other times they don't.
388
00:21:13.680 --> 00:21:17.000
I would would say that this is an indication where
389
00:21:17.000 --> 00:21:21.799
the lawsuit does not have my merit, and uh, you know,
390
00:21:21.799 --> 00:21:25.559
I think it's snacks of opportunism among you know that
391
00:21:25.720 --> 00:21:28.640
that was uh, you know, driven by you know, some
392
00:21:28.680 --> 00:21:31.920
people with political agendas and some people just want to
393
00:21:31.960 --> 00:21:34.640
try to profit off a tragedy.
394
00:21:35.119 --> 00:21:37.279
Let's talk a little bit about the guy who started
395
00:21:37.279 --> 00:21:39.079
all this suff His name is Jordan Neely was it
396
00:21:40.160 --> 00:21:41.920
and uh he died?
397
00:21:42.160 --> 00:21:47.680
Now what did they rule the death was from?
398
00:21:47.720 --> 00:21:52.200
So you know, it's interesting because they originally, you know,
399
00:21:53.400 --> 00:21:57.599
they originally indicated it with with the original tops of
400
00:21:57.720 --> 00:22:01.319
reports that you know, cause I know, you know, you know,
401
00:22:01.799 --> 00:22:04.880
indicate a homicide. But you know, a homicide is is
402
00:22:05.279 --> 00:22:08.759
a in terms of forensic pathology, is a death by
403
00:22:08.839 --> 00:22:12.480
unnatural causes? All right, It's not a legal conclusion as in,
404
00:22:12.640 --> 00:22:15.160
you know, people try to quit it with murder. Homicide
405
00:22:15.200 --> 00:22:18.160
used in a different context in a courtroom has a
406
00:22:18.160 --> 00:22:22.319
different meaning. But you know, they were the original autome
407
00:22:22.319 --> 00:22:25.599
ser board, which we cross examined. My importner, Stephen raised
408
00:22:25.599 --> 00:22:30.640
their cross examined the city's medical examiner very adeptly on this,
409
00:22:31.160 --> 00:22:35.279
you know, confronted her with it, you know, waiting toxicology
410
00:22:35.920 --> 00:22:39.880
because they too, of course were under the uh, you know,
411
00:22:39.960 --> 00:22:44.640
impression that Jordan nearly made Overdose's what everyone believed that.
412
00:22:46.000 --> 00:22:49.480
And then within about twenty four hours they then amended
413
00:22:49.759 --> 00:22:52.799
their cause of death, which was long before the toxicology
414
00:22:52.920 --> 00:22:58.559
was back. And we you know, I think suggested, I
415
00:22:58.599 --> 00:23:03.400
think it was quite apparent that the medical examiner's office
416
00:23:03.440 --> 00:23:07.599
became politicized, just like the district attorney's office in this case,
417
00:23:08.119 --> 00:23:11.920
and basically yielded to you know, political pressure, both internal
418
00:23:11.960 --> 00:23:12.519
and external.
419
00:23:12.839 --> 00:23:16.359
Wow, now he had a long rap sheet, didn't he?
420
00:23:17.119 --> 00:23:20.319
And what does that tell us about our justice system
421
00:23:20.359 --> 00:23:23.759
in general? How many times somebody can be arrested and released,
422
00:23:24.039 --> 00:23:26.880
or if somebody has a mental issue and they put
423
00:23:26.960 --> 00:23:27.480
him on the street.
424
00:23:27.559 --> 00:23:28.799
What does that say about that?
425
00:23:29.279 --> 00:23:32.119
Well, it shows that it's an abject failure. And I
426
00:23:32.119 --> 00:23:36.319
don't think anybody even seriously will seriously try to argue
427
00:23:36.359 --> 00:23:39.920
differently unless they're really arguing their agenda. You know, there
428
00:23:40.000 --> 00:23:44.400
is they woke progressive criminal justice agenda that has taken
429
00:23:44.440 --> 00:23:47.359
hold in the city then includes a large contingent, by
430
00:23:47.359 --> 00:23:48.920
the way, that believed that no one should ever be
431
00:23:48.960 --> 00:23:50.599
sent to jail under any circumstances.
432
00:23:50.680 --> 00:23:54.200
Yeah, oh yeah, no bail. You just thought everybody.
433
00:23:54.880 --> 00:23:56.880
You'd like to, you know, say, well, you know those
434
00:23:57.079 --> 00:24:00.799
excreeness and they certainly are. But the reality is that,
435
00:24:00.920 --> 00:24:05.000
you know, once those quote unquote extremists have gotten such
436
00:24:05.039 --> 00:24:09.240
a hold of such a foothold and such influence that
437
00:24:09.319 --> 00:24:11.799
you can't really call him extremists anymore because they are,
438
00:24:13.119 --> 00:24:16.119
you know, within this political culture in this city and
439
00:24:16.119 --> 00:24:20.519
many others they represent. You know, at least something that
440
00:24:20.559 --> 00:24:23.440
has a viewpoint has become much more mainstream. I mean,
441
00:24:23.640 --> 00:24:27.440
as difficult as that can be for any reasonable person
442
00:24:27.480 --> 00:24:31.559
to wrap their head around, you know. So yeah, I
443
00:24:31.599 --> 00:24:34.160
mean Jordan Neely was in fact, they got a bench
444
00:24:34.200 --> 00:24:36.400
warn out for him for a felony assault he had
445
00:24:36.440 --> 00:24:39.640
committed on the subway against a woman in her sixties
446
00:24:39.640 --> 00:24:43.640
worried bast or facing Wow, he had fifty.
447
00:24:43.400 --> 00:24:44.200
Some odd other.
448
00:24:45.720 --> 00:24:46.480
Arrests in condation.
449
00:24:46.599 --> 00:24:48.200
Those only the offenses we know about.
450
00:24:48.279 --> 00:24:49.960
I mean, you know, people think that you know, any
451
00:24:50.000 --> 00:24:52.440
contact with the criminal justice system results in a record
452
00:24:52.480 --> 00:24:55.119
that's far from the truth, particularly in this town.
453
00:24:55.920 --> 00:24:57.039
And then more than that.
454
00:24:57.039 --> 00:25:00.319
You know, and these things are really, you know, in
455
00:25:00.319 --> 00:25:02.559
his case, were joined at the hip, as they often are.
456
00:25:02.680 --> 00:25:05.240
He was deeply psychotic. He was considered one of the
457
00:25:05.240 --> 00:25:08.920
most psychotic people you know, walking the streets because of
458
00:25:08.960 --> 00:25:12.279
paranoid schizophrenia, which of course is not his fault, you know,
459
00:25:12.440 --> 00:25:16.920
Jordan Neely. You know, the system in many ways failed him,
460
00:25:16.960 --> 00:25:20.319
perhaps you know, long before he saw the inside of
461
00:25:20.359 --> 00:25:23.920
a jail cell, he should have been institutionalized and gotten,
462
00:25:25.480 --> 00:25:28.920
you know, the psychiatric treatment that he needed. People in
463
00:25:29.279 --> 00:25:32.559
with paranoid schizophrenia can't self regulate that they need to
464
00:25:32.599 --> 00:25:37.839
be you know, dealt with in a custodial setting at
465
00:25:37.920 --> 00:25:40.000
least until you stabilize them, and then they need to
466
00:25:40.000 --> 00:25:43.680
be closely monitored. None of that was done here, And
467
00:25:43.720 --> 00:25:47.559
it's the story that's repeated day after day after day. Yeah,
468
00:25:48.400 --> 00:25:50.680
in a lot of big cities in America, certainly including
469
00:25:50.680 --> 00:25:51.279
New York City.
470
00:25:51.680 --> 00:25:54.880
Yeah, we have this catch and release justice system, if
471
00:25:54.880 --> 00:25:57.920
you will, and then we have a just let everybody
472
00:25:57.920 --> 00:26:00.400
out of the mental institutions. On the other side, many
473
00:26:00.440 --> 00:26:02.920
times we have as you point out, like in this individual,
474
00:26:02.960 --> 00:26:06.400
the two of those things converge, don't they. Well, it
475
00:26:06.559 --> 00:26:09.839
is an amazing case and certainly we hope that this
476
00:26:09.920 --> 00:26:13.240
works out well for Daniel Penny. Is there a go
477
00:26:13.359 --> 00:26:15.279
fund me for him?
478
00:26:15.480 --> 00:26:17.359
Yeah, there's a go fund me that's been set up
479
00:26:17.400 --> 00:26:21.559
for a while, has been very successful. It's been quiet
480
00:26:22.119 --> 00:26:24.880
lately because a lot of people just assume, well, you know, believe,
481
00:26:25.000 --> 00:26:27.960
yeahs over. But the reality is that he is still
482
00:26:27.960 --> 00:26:31.279
defending this civil suit. It takes a lot of resources,
483
00:26:32.079 --> 00:26:35.079
not just not just the lawyers, but the experts and
484
00:26:35.400 --> 00:26:39.359
all else. So yeah, yeah, I would encourage everybody to
485
00:26:39.440 --> 00:26:41.960
take a look at the go go fund me. I'm sorry,
486
00:26:42.200 --> 00:26:48.440
give send go not go fund And you know, even
487
00:26:48.519 --> 00:26:50.079
even though you'll see that he's raised a lot of
488
00:26:50.119 --> 00:26:52.079
money already, to understand that he's, you know, in the
489
00:26:52.119 --> 00:26:52.599
midst of.
490
00:26:53.440 --> 00:26:55.799
A second major legal battle.
491
00:26:55.880 --> 00:26:59.279
And you know, any anybody who can contribute is is
492
00:26:59.359 --> 00:27:01.720
doing a good thing for you know, someone to try
493
00:27:01.759 --> 00:27:04.039
to do and to do the right thing for others selflessly.
494
00:27:04.319 --> 00:27:04.880
Yeah, that's right.
495
00:27:04.920 --> 00:27:08.640
And of course we've had the new mayor of New York,
496
00:27:08.720 --> 00:27:12.160
Mom Danny has said that he wants to get more
497
00:27:12.200 --> 00:27:14.200
police out of the subway, and he wants to have
498
00:27:14.200 --> 00:27:17.680
citizens to take up some more. Response to that, I
499
00:27:17.720 --> 00:27:21.160
wonder who the next Daniel Penny is going to be?
500
00:27:23.119 --> 00:27:27.000
Well, you also wonder, you know how many Daniel Penny.
501
00:27:26.759 --> 00:27:27.839
Is we're going to have left?
502
00:27:27.920 --> 00:27:31.839
I mean, certainly because the system does so much through
503
00:27:31.839 --> 00:27:35.240
a probably not just prosecution like this, to deter you know,
504
00:27:35.440 --> 00:27:39.720
decent people, you know, good samaritans, you know, from standing
505
00:27:39.799 --> 00:27:41.839
up because they know that even if it goes right
506
00:27:43.000 --> 00:27:45.400
and they're able to protect people, they could wind up
507
00:27:45.440 --> 00:27:48.799
facing you know, the working end of the criminal indictment.
508
00:27:48.880 --> 00:27:50.440
So right, it's a terrible.
509
00:27:51.799 --> 00:27:54.079
Yeah, I have a situation where you step in the
510
00:27:54.119 --> 00:27:55.920
gap and you put your life at risk and you
511
00:27:55.960 --> 00:27:59.240
help people, and then the system comes after you. And
512
00:27:59.279 --> 00:28:01.279
when people look at that, they're even less likely to
513
00:28:01.319 --> 00:28:02.799
step up and do anything about.
514
00:28:02.559 --> 00:28:03.160
It, aren't they?
515
00:28:04.279 --> 00:28:05.720
Yeah? Absolutely, you know.
516
00:28:05.799 --> 00:28:09.319
And it's it's the you know, it's very difficult, you know,
517
00:28:09.480 --> 00:28:11.960
getting trying to change the system, trying to go up
518
00:28:11.960 --> 00:28:12.960
against the system.
519
00:28:13.400 --> 00:28:15.720
That's a lot of what Tooksido Parker is about my book.
520
00:28:15.799 --> 00:28:18.000
You know, it's it's the idea that you have a
521
00:28:18.039 --> 00:28:21.559
prosecutor but he's sort of because he's going against the
522
00:28:21.559 --> 00:28:25.200
grain of what the political establishment wants, is trying to
523
00:28:25.200 --> 00:28:28.160
protect their own you know, he winds up, you know,
524
00:28:28.720 --> 00:28:31.039
being not part of the system, but but but trying
525
00:28:31.039 --> 00:28:31.519
to fight.
526
00:28:31.359 --> 00:28:32.720
Against it to get justice.
527
00:28:32.759 --> 00:28:36.000
And you know, as I said before, you know, I,
528
00:28:37.079 --> 00:28:39.279
you know, I chose to write about, you know, things
529
00:28:39.319 --> 00:28:43.720
that live, things I've experienced. So it's a fictional book,
530
00:28:43.799 --> 00:28:46.920
but the themes that the protagonist is dealing with are
531
00:28:47.000 --> 00:28:51.720
ones that happen in real life, in courts, in in
532
00:28:51.839 --> 00:28:56.759
throughout this country probably beyond. And you know, it's it's
533
00:28:56.880 --> 00:28:59.359
it's it's an important theme. You know, somebody who is
534
00:28:59.400 --> 00:29:02.759
willing to try to protect others, you know, like a
535
00:29:02.880 --> 00:29:06.799
Daniel Penny, even at tremendous cost to themselves.
536
00:29:07.119 --> 00:29:10.279
Yes, yes, well sounds like a fascinating premis and certainly
537
00:29:10.400 --> 00:29:11.319
you know your stuff.
538
00:29:11.960 --> 00:29:14.839
The book is Tuxedo Park. It just came out yesterday.
539
00:29:14.880 --> 00:29:18.599
We noticed that it was available as an audiobook as well,
540
00:29:18.759 --> 00:29:21.559
so that's something for people to think about Tuxedo Park.
541
00:29:21.960 --> 00:29:26.319
And we're talking to the author here, mister Kenneth. And
542
00:29:27.000 --> 00:29:29.759
so your first name is Thomas, right, Yes, Thomas Thomas
543
00:29:29.880 --> 00:29:32.839
kennef as kay E n I F F. And the
544
00:29:32.880 --> 00:29:36.480
book is Tuxedo Park sounds like a fascinating premise for
545
00:29:36.519 --> 00:29:39.960
a book, and again you are somebody who has lived
546
00:29:40.079 --> 00:29:42.559
that experience. It should be a very interesting novel. Thank
547
00:29:42.559 --> 00:29:44.000
you so much for joining us.
548
00:29:44.640 --> 00:29:46.839
Yeah, thank you so much for having me, David. And
549
00:29:47.359 --> 00:29:50.039
you know the book is available on you know, really
550
00:29:50.119 --> 00:29:53.279
cross platforms. Amazon seems to be the place to go
551
00:29:53.359 --> 00:29:57.279
these days. We also have a great website, Tuxedo Park Book.
552
00:29:57.599 --> 00:29:59.519
Oh good, Yeah, we'll put that in the notes.
553
00:30:00.079 --> 00:30:02.960
Yeah, we have a there's a great book trailer on there,
554
00:30:03.119 --> 00:30:07.119
very cinematic, so that that in itself is worth checking.
555
00:30:07.799 --> 00:30:08.279
That's great.
556
00:30:08.480 --> 00:30:11.000
Go on there by the book Taxedo parkbook dot com
557
00:30:11.079 --> 00:30:14.119
or go straight Downazon. You know, this is going to
558
00:30:14.160 --> 00:30:17.160
be a very exciting read for anybody who loves the
559
00:30:17.200 --> 00:30:19.400
sort of subject matter that we're covering on your show.
560
00:30:19.640 --> 00:30:20.079
That's great.
561
00:30:20.160 --> 00:30:26.240
Yeah, it is always a wonderful for how ground for intrigue,
562
00:30:26.279 --> 00:30:28.599
isn't it in the legal system?
563
00:30:29.160 --> 00:30:29.480
It is.
564
00:30:29.599 --> 00:30:32.200
It looks like it's one of those Tuxedo Park Book
565
00:30:32.359 --> 00:30:35.200
dot Com. Thank you so much, Thomas Kinnef. Thank you
566
00:30:35.240 --> 00:30:37.640
so much for joining us, and thank you for what
567
00:30:37.680 --> 00:30:39.039
you did for Thank you for what you did for
568
00:30:39.119 --> 00:30:41.759
Daniel Penny as well. It's good to see justice served
569
00:30:41.759 --> 00:30:44.119
every once in a while, even if it's difficult for
570
00:30:44.160 --> 00:30:45.559
the people who have to go through it. I know
571
00:30:45.599 --> 00:30:48.640
it's an ordeal, even if you're quitted, but thank you
572
00:30:48.720 --> 00:30:50.920
for that, and I'm very glad that you were successful
573
00:30:50.960 --> 00:30:51.119
with that.
574
00:30:51.200 --> 00:30:51.880
Thank you so much.
575
00:30:52.559 --> 00:30:53.839
I appreciate it great being here.
576
00:30:53.960 --> 00:30:54.400
Thank you.
577
00:31:04.799 --> 00:31:11.000
The common Man. They created common Core and dumbed down
578
00:31:11.000 --> 00:31:14.839
our children. They created Common Past to track and control us.
579
00:31:15.119 --> 00:31:19.079
They're Commons project to make sure the commoners own nothing
580
00:31:20.000 --> 00:31:24.640
and the communist future. They see the common man as simple,
581
00:31:25.119 --> 00:31:30.000
unsophisticated ordinary. But each of us has worth and dignity
582
00:31:30.200 --> 00:31:35.039
created in the image of God. That is what we
583
00:31:35.119 --> 00:31:37.960
have in common. That is what they want to take away.
584
00:31:38.759 --> 00:31:44.440
Their most powerful weapons are isolation, deception, intimidation. They desire
585
00:31:44.480 --> 00:31:48.440
to know everything about us, while they hide everything from us.
586
00:31:49.440 --> 00:31:51.279
It's time to turn that around.
587
00:31:51.160 --> 00:31:55.039
And expose what they want to hide. Please share the
588
00:31:55.039 --> 00:31:59.039
information and links you'll find at the Davidnightshow dot com.
589
00:31:59.079 --> 00:32:07.240
Thank you for listening, Thank you for sharing. If you
590
00:32:07.240 --> 00:32:10.039
can't support us financially, please keep us in your prayers.
591
00:32:10.720 --> 00:32:33.079
The Davidnightshow dot com
1
00:00:07.280 --> 00:00:16.760
Our next president of the United States of America.
2
00:00:17.199 --> 00:00:22.440
Yeah, Dawson, she's missing.
3
00:00:23.000 --> 00:00:27.280
She went for a run, never came home.
4
00:00:29.359 --> 00:00:33.840
Behind the gate. Swear you Christmas was not random?
5
00:00:33.880 --> 00:00:34.359
Where is she?
6
00:00:34.759 --> 00:00:35.320
Houses?
7
00:00:35.479 --> 00:00:35.960
Shine?
8
00:00:36.479 --> 00:00:41.520
Doncha is pregnant? Every secret has a friend.
9
00:00:43.039 --> 00:00:44.560
You promised me she wouldn't be hurt.
10
00:00:45.200 --> 00:00:47.679
He's dressed in white.
11
00:00:50.920 --> 00:00:51.719
That's so for Dad.
12
00:00:51.759 --> 00:00:54.799
I'm done, Misak. It's that simple.
13
00:00:54.840 --> 00:00:57.640
Do you You are destined to be president?
14
00:00:58.359 --> 00:00:59.560
What do you know about Ken Dawson?
15
00:00:59.600 --> 00:01:01.560
Don angels fool?
16
00:01:03.799 --> 00:01:06.040
They smile for the camps.
17
00:01:07.319 --> 00:01:09.840
It's the job of my friends and me here to
18
00:01:09.959 --> 00:01:15.200
protect the next president. As I said, gentlemen, be careful
19
00:01:15.200 --> 00:01:15.680
getting home.
20
00:01:16.280 --> 00:01:19.359
These roads can be dangerous at night. The other blood
21
00:01:19.359 --> 00:01:22.120
sample got a hit. The suspects being held at the tombs,
22
00:01:22.280 --> 00:01:25.680
we need to get there. Busing in on that had
23
00:01:25.680 --> 00:01:25.879
to be.
24
00:01:26.840 --> 00:01:30.480
We can make them present this case to a grand jury.
25
00:01:31.680 --> 00:01:35.480
Hearts to Supe today. The US Attorney's Office has called
26
00:01:35.519 --> 00:01:38.519
a seven am press conference concerning.
27
00:01:38.079 --> 00:01:39.560
A major political figure.
28
00:01:39.959 --> 00:01:50.120
Everyone, Palmer, you're not President Dawson.
29
00:01:50.680 --> 00:01:58.319
M all right.
30
00:01:58.400 --> 00:02:02.200
Joining us now is the lawyer who has successfully defended
31
00:02:02.519 --> 00:02:05.439
Daniel Penny. And we didn't talk about that a lot
32
00:02:05.480 --> 00:02:07.200
on this show, but we did talk about it several
33
00:02:07.200 --> 00:02:10.879
times what I think was an injustice and so we
34
00:02:10.919 --> 00:02:12.800
wanted to talk to him about the trial and what
35
00:02:12.919 --> 00:02:15.479
is happening now. There is a civil case that he's
36
00:02:15.479 --> 00:02:19.520
still defending him against and he's also written a book
37
00:02:20.159 --> 00:02:23.120
and that looks very fascinating. This book called Tuxedo Park.
38
00:02:23.560 --> 00:02:26.120
It just came out yesterday. It is a fictional book.
39
00:02:26.120 --> 00:02:28.800
It's not about the Daniel Penny case, but I think
40
00:02:28.840 --> 00:02:32.639
it lays out his view of the professional being a lawyer.
41
00:02:32.960 --> 00:02:35.719
Very interested in talking to him because he's been on
42
00:02:35.800 --> 00:02:38.879
both sides of this coin. He's been both a prosecutor
43
00:02:39.360 --> 00:02:43.759
and a defense attorney. So joining us now is Thomas Kenneth.
44
00:02:44.560 --> 00:02:47.719
Thank you for joining us, sir. Yeah, so good to
45
00:02:47.719 --> 00:02:49.919
be here. Before we talk about the Daniel Penny case,
46
00:02:49.919 --> 00:02:52.560
So let's talk a little bit about the different roles
47
00:02:52.599 --> 00:02:55.759
of prosecutors and defense attorneys because you've been on both
48
00:02:55.759 --> 00:02:57.879
sides of that. When you were a JAG officer in
49
00:02:57.919 --> 00:03:02.159
the military, you were involved and both prosecutions and defense.
50
00:03:02.199 --> 00:03:04.120
Tell us a little bit about your perspective on that.
51
00:03:05.800 --> 00:03:09.520
Yeah, you know, it's I started my career, at least
52
00:03:09.560 --> 00:03:11.919
my career in criminal law. As a prosecutor, I was
53
00:03:11.960 --> 00:03:14.319
hired by Jeanine Piro in the West who was then
54
00:03:14.360 --> 00:03:17.280
the elected District Attorney of Westchester County here in New York.
55
00:03:18.360 --> 00:03:23.800
And then I somewhat roughly simultaneously with that, I commissioned
56
00:03:23.840 --> 00:03:26.560
as an officer into the New York Army National Guard
57
00:03:26.639 --> 00:03:30.639
JAG Corps, and I was almost immediately deployed to.
58
00:03:30.639 --> 00:03:31.400
War in Iraq.
59
00:03:31.479 --> 00:03:35.240
I served for a year Operation Iraqi Freedom in two
60
00:03:35.240 --> 00:03:39.240
thousand and five, and I was more on a proscatorial
61
00:03:39.319 --> 00:03:42.120
side than the JAG Corps as I had been in
62
00:03:42.120 --> 00:03:44.840
the District Attorney's office. And then, you know, after a
63
00:03:44.879 --> 00:03:49.159
few years, I kind of made the transition over to defense,
64
00:03:49.159 --> 00:03:53.560
which is not uncommon. And you know, it is interesting
65
00:03:53.599 --> 00:03:57.800
to get to see both sides of the criminal justice system.
66
00:03:57.840 --> 00:04:02.159
I think in both instances, you know, it's about justice,
67
00:04:02.319 --> 00:04:09.039
but as a prosecutor, you're really kind of representing the
68
00:04:09.120 --> 00:04:14.240
system and representing law and order, so to speak. In
69
00:04:14.280 --> 00:04:16.399
a more general sense. I mean, you do develop a
70
00:04:16.480 --> 00:04:19.160
relationship sometimes with the victims of the crime or the
71
00:04:19.240 --> 00:04:23.199
family is but you're not representing an individual like you
72
00:04:23.240 --> 00:04:25.560
are in the case of defense attorneys. So as a
73
00:04:25.600 --> 00:04:28.319
defense attorney, things become much more personal and you have
74
00:04:28.399 --> 00:04:30.560
that feeling of you know, hey, I have an individual's
75
00:04:30.600 --> 00:04:32.920
life in my hands, and that's a tremendous responsibility.
76
00:04:33.120 --> 00:04:33.600
Yeah. Yeah.
77
00:04:33.639 --> 00:04:36.160
We just watched a movie and I forget what it
78
00:04:36.439 --> 00:04:39.240
was about a decade old and it had Tom Cruise
79
00:04:39.240 --> 00:04:43.000
and it began with a defense attorney getting into a
80
00:04:43.040 --> 00:04:45.920
cab and she's talking about this guy. I know that
81
00:04:45.920 --> 00:04:48.279
I'm defending he's innocent, and I just don't feel like
82
00:04:48.319 --> 00:04:50.879
I've done a good enough job. It's gonna hot me
83
00:04:51.319 --> 00:04:53.319
over this, And I guess that really is the case
84
00:04:53.360 --> 00:04:56.199
as well, when you are defending somebody that you think
85
00:04:56.319 --> 00:04:59.600
is innocent. Was that the case certainly with Daniel Penny?
86
00:05:00.480 --> 00:05:02.959
Well, you know, it's certainly the case with Daniel Penny.
87
00:05:03.000 --> 00:05:06.399
And you know, David, one of the questions I get,
88
00:05:08.079 --> 00:05:13.639
you know, most frequently is well, I think every defense
89
00:05:13.680 --> 00:05:18.240
attorney gets this at cocktail parties or social engagement says, well,
90
00:05:18.240 --> 00:05:19.800
how do you defend those people? Or how do you
91
00:05:19.839 --> 00:05:23.160
defend someone when you know they're guilty? The answer I
92
00:05:23.199 --> 00:05:27.279
always give is, you know, it's the hardest thing to
93
00:05:27.319 --> 00:05:30.800
do is to represent someone you know is innocent. You know,
94
00:05:30.800 --> 00:05:33.120
as a defense attorney, as you guys, elisly represent your
95
00:05:33.120 --> 00:05:34.920
client whether you like them or not, whether you think
96
00:05:34.920 --> 00:05:38.040
they're guilty or innocent or somewhere in between. Part of
97
00:05:38.040 --> 00:05:40.079
what you're doing is defending the Constitution of the United
98
00:05:40.120 --> 00:05:43.160
States and their rights under it. But you know, if
99
00:05:43.199 --> 00:05:46.120
you're representing someone who's really not a great person and
100
00:05:46.319 --> 00:05:50.199
you know that they've quote unquote done it, you know
101
00:05:50.240 --> 00:05:52.399
you're probably not going to wake up at night in
102
00:05:52.480 --> 00:05:54.680
both sweats if the jury gets it wrong. But when
103
00:05:54.680 --> 00:05:58.720
you have someone like Daniel Penny, you know, it's really
104
00:05:58.759 --> 00:06:02.959
the most difficult thing that any lawyer can be called
105
00:06:03.000 --> 00:06:03.399
upon to do.
106
00:06:03.920 --> 00:06:06.720
I imagine, yeah, when you're looking at when you're defending
107
00:06:06.879 --> 00:06:09.920
somebody that you think is guilty, that did it. In
108
00:06:09.959 --> 00:06:12.079
a sense that you point out, you're defending the Constitution,
109
00:06:12.199 --> 00:06:14.319
You're defending the rule of law. And that's really important
110
00:06:14.319 --> 00:06:18.120
because that really is about defending innocent people in general.
111
00:06:18.720 --> 00:06:22.360
And I've had a discussion about some of the cases that.
112
00:06:22.319 --> 00:06:23.800
I've talked about on this show here.
113
00:06:24.680 --> 00:06:27.959
Obviously it looks like the person did the crime, but
114
00:06:28.000 --> 00:06:29.959
I and people get ups up with me about that
115
00:06:29.959 --> 00:06:32.120
because I say, yeah, but we've got to follow due process.
116
00:06:32.160 --> 00:06:34.519
You can't just ship abroad or whatever you feel like
117
00:06:34.560 --> 00:06:36.199
doing to them. I mean, we don't want to have
118
00:06:36.240 --> 00:06:39.120
a lynch mob society, especially when it's being run from
119
00:06:39.160 --> 00:06:39.439
the top.
120
00:06:39.480 --> 00:06:40.439
That's very dangerous.
121
00:06:40.439 --> 00:06:43.879
But well, you know, absolutely hit the nail on the head.
122
00:06:43.959 --> 00:06:47.079
And you know, the minute we start only providing is
123
00:06:47.240 --> 00:06:51.040
ls defense for people that look kind of innocent, is
124
00:06:51.079 --> 00:06:53.720
the minute is the moment you know your tiler justice
125
00:06:53.720 --> 00:06:57.040
system is gone. Because history is replete with examples of
126
00:06:57.560 --> 00:07:01.120
individuals who at the time were considered totally contemptible, uh,
127
00:07:01.519 --> 00:07:05.680
totally undeserving of representation or mercy or anything of the like.
128
00:07:06.399 --> 00:07:08.920
And you know, then you look back on it and say, well,
129
00:07:09.000 --> 00:07:13.160
you know, thank goodness, those people had a defense, or
130
00:07:13.399 --> 00:07:15.399
they really should have had a defense. Maybe they didn't
131
00:07:15.399 --> 00:07:18.079
get it. You know, so you have to treat. You know,
132
00:07:18.079 --> 00:07:20.199
I always say it's sort of like a doctor and
133
00:07:20.240 --> 00:07:23.279
a triage and in an emergency room you could have
134
00:07:23.399 --> 00:07:26.720
a cold blooded killer on the operating table, or you
135
00:07:26.759 --> 00:07:30.879
could have you know, a RASA type person. Either way,
136
00:07:30.959 --> 00:07:33.000
you know, you take out your tools and you get
137
00:07:33.040 --> 00:07:33.399
to work.
138
00:07:33.680 --> 00:07:37.600
Yeah, that's right now. In your novel, your hero is
139
00:07:37.639 --> 00:07:43.920
a burned out ex assistant district attorney. That's not autobiographical,
140
00:07:44.040 --> 00:07:44.279
is it.
141
00:07:45.319 --> 00:07:45.680
Well?
142
00:07:45.920 --> 00:07:48.959
You know, look there, I think you know what I've
143
00:07:49.040 --> 00:07:51.439
learned on the writing journey, if that's what we're going
144
00:07:51.480 --> 00:07:54.639
to call it, you know, is that a good writer,
145
00:07:54.879 --> 00:07:57.519
Any good writer is going to write a lot about.
146
00:07:57.240 --> 00:07:57.720
What they know.
147
00:07:58.199 --> 00:08:02.240
Yeah, or please learn a lot about what they're writing
148
00:08:02.279 --> 00:08:03.360
about so they know it.
149
00:08:05.160 --> 00:08:05.319
You know.
150
00:08:05.399 --> 00:08:08.759
Always been kind of a history buff and maybe, you know,
151
00:08:08.800 --> 00:08:11.000
perhaps I'd like to write a book about Abraham Lincoln
152
00:08:11.079 --> 00:08:13.360
or something, you know, but I don't have hours to
153
00:08:13.360 --> 00:08:15.439
sit in a research library. I mean, I barely have
154
00:08:15.560 --> 00:08:17.959
hours to sit in a law library because I'm so busy,
155
00:08:19.160 --> 00:08:22.000
you know. So I decided to, you know, I had
156
00:08:22.040 --> 00:08:23.839
a concept and I said, let me write. You know,
157
00:08:23.920 --> 00:08:26.439
I'll write about what I know. And you know, the
158
00:08:26.480 --> 00:08:30.639
book deals with a you know, sort of a prosecutor
159
00:08:30.759 --> 00:08:35.320
becomes disenchanted and then is sort of drawn into moonlighting
160
00:08:35.360 --> 00:08:42.320
again as a prosecutor on the case of a strange,
161
00:08:43.600 --> 00:08:46.639
you know, teenage girlfriend of his from twenty years earlier
162
00:08:46.759 --> 00:08:50.639
that wound up, that goes missing and it's an abduction
163
00:08:50.879 --> 00:08:55.639
that then becomes a suspected murder, and as he's sort
164
00:08:55.639 --> 00:08:58.960
of unraveling the clues and the evidence that begins to
165
00:08:59.080 --> 00:09:02.480
lead back to the front runner for the presidential election,
166
00:09:02.679 --> 00:09:05.480
who then becomes the president elect, and it's he's in
167
00:09:05.559 --> 00:09:08.279
a racing time to try and stop this individual from
168
00:09:08.279 --> 00:09:12.639
taking the lighthouse, you know, before an auguration day.
169
00:09:13.440 --> 00:09:14.360
That's a great prices.
170
00:09:15.279 --> 00:09:19.879
Yeah, you know, it's it's it's spicy, I think, but
171
00:09:20.679 --> 00:09:22.799
you know, yeah, I mean it is that I was
172
00:09:22.919 --> 00:09:26.159
once a young prosecutor in New York's case about a
173
00:09:26.200 --> 00:09:29.559
young prosecutor, it's fictional, but I certainly, you know, I
174
00:09:29.559 --> 00:09:31.480
think I will have a good amount of my personal
175
00:09:31.519 --> 00:09:34.600
experiences and my professional experiences into it.
176
00:09:35.080 --> 00:09:37.679
Yeah, we talked about the defense side of it, but
177
00:09:37.679 --> 00:09:39.840
when to look at the prosecution side of it and
178
00:09:39.879 --> 00:09:43.039
what might burn somebody out? You know, with a case
179
00:09:43.080 --> 00:09:46.639
of Daniel Penny, everybody was just astounded that they didn't
180
00:09:46.679 --> 00:09:50.159
give him a medal. Instead they indicted him. And I
181
00:09:50.159 --> 00:09:52.879
guess that's the other issue going back to that case.
182
00:09:52.919 --> 00:09:55.000
Let's talk a little bit about the specifics of the
183
00:09:55.399 --> 00:09:58.159
Daniel Perry case. Just reminded the audience in case they
184
00:09:58.200 --> 00:10:00.720
don't know some of the details of what happened with that.
185
00:10:02.399 --> 00:10:04.200
Yeah, so Daniel Penny.
186
00:10:05.679 --> 00:10:09.600
Is a was it is a former marine, although marines,
187
00:10:09.679 --> 00:10:12.120
or never former Marines than Marines. But he served his
188
00:10:12.200 --> 00:10:16.320
four years in the Marine Corps. He enlisted right out
189
00:10:16.360 --> 00:10:18.919
of high school, which is not, you know, so common
190
00:10:18.960 --> 00:10:20.679
and you know for someone who goes to a suburban
191
00:10:20.759 --> 00:10:22.879
high school along Long Island, New York as opposed to
192
00:10:23.120 --> 00:10:27.519
the other parts of the country. So it was a courageous,
193
00:10:27.519 --> 00:10:30.039
selfless acts, as it is for anybody who takes the
194
00:10:30.039 --> 00:10:33.679
oath and is willing to serve the country in any capacity. Uh.
195
00:10:33.960 --> 00:10:38.320
He returned after his four year deployment. He was well commended,
196
00:10:38.360 --> 00:10:41.759
well decorated for his time in the Marines, but he
197
00:10:41.799 --> 00:10:44.600
decided to re enter civilian life and he came back
198
00:10:44.639 --> 00:10:47.519
here to the New York area where he was from.
199
00:10:47.679 --> 00:10:53.440
He enrolled in a city college in Brooklyn, Brooklyn Tech,
200
00:10:55.320 --> 00:11:00.279
and was took an apartment downtown Manhattan. Then was doing
201
00:11:00.320 --> 00:11:02.600
what college kids did, do you know. He was working
202
00:11:02.639 --> 00:11:06.200
a part time job, using his GI bill and getting
203
00:11:06.879 --> 00:11:09.759
and looking to get his education and make a life
204
00:11:09.759 --> 00:11:15.080
for himself after the Marines. Unfortunately, he encountered an individual
205
00:11:15.120 --> 00:11:18.799
by named Jordan Neely who was a to call him
206
00:11:18.799 --> 00:11:22.600
a recidibus defender would be to minimize it. He was
207
00:11:22.600 --> 00:11:27.399
really one of the city's most prolific criminals and one
208
00:11:27.440 --> 00:11:31.279
of the most dangerously psychotic individuals on the street. Those
209
00:11:31.320 --> 00:11:33.440
aren't just my words, that's you know how he was
210
00:11:33.519 --> 00:11:36.639
listed in DENYPD profiles and so forth.
211
00:11:37.120 --> 00:11:39.360
And when Jordan Neely entered a subway.
212
00:11:39.279 --> 00:11:41.960
In the afternoon in Manhattan, when Danny was on his
213
00:11:42.039 --> 00:11:45.440
way back from class, you know, he made very clear
214
00:11:45.639 --> 00:11:49.840
that his intention was to do harm to the men,
215
00:11:49.919 --> 00:11:53.480
women and children on that subway train. Danny, you know,
216
00:11:53.559 --> 00:11:59.159
selflessly stepped in to subdue this individual. Unfortunately, in the
217
00:11:59.200 --> 00:12:03.120
aftermath of the counter Jordan Neely died. And that's tragic
218
00:12:04.120 --> 00:12:07.480
as any death, but it was not certainly not what
219
00:12:07.600 --> 00:12:11.320
Danny intended, and the evidence of trial even showed that,
220
00:12:11.440 --> 00:12:13.639
you know, it wasn't what he caused. You know, Jordan
221
00:12:13.679 --> 00:12:20.279
Neely died of factors that weren't related or weren't caused
222
00:12:20.279 --> 00:12:22.080
by the restraint that Danny used.
223
00:12:22.759 --> 00:12:25.960
That's interesting. And then why was he prosecuted. I mean,
224
00:12:26.000 --> 00:12:27.639
he was not arrested on the spot, right.
225
00:12:28.360 --> 00:12:29.039
No, he wasn't.
226
00:12:29.080 --> 00:12:33.080
In fact, what happened was he was utterly cooperative. He
227
00:12:33.399 --> 00:12:38.960
waited on the scene for many minutes onwards of you know,
228
00:12:39.679 --> 00:12:42.759
ten minutes before the from the time the encounter ended
229
00:12:42.799 --> 00:12:47.320
and the police finally showed up, he was, you know,
230
00:12:47.440 --> 00:12:50.759
very concerned for Jordan Neely. No one thought that Jordan
231
00:12:50.759 --> 00:12:54.000
Neely had died of a chokehold at that point. In fact,
232
00:12:54.399 --> 00:12:58.360
the police were administering Narkhan. The emergency room records, you know,
233
00:12:58.399 --> 00:13:00.240
indicated initially the cause of death.
234
00:13:00.080 --> 00:13:01.480
Was an overdose.
235
00:13:01.480 --> 00:13:03.879
He did have a lot of drunks in the system.
236
00:13:04.320 --> 00:13:07.120
And you know, Dan me being very cooperative, tells the
237
00:13:07.120 --> 00:13:10.879
police what happened on the subway station is all on
238
00:13:10.919 --> 00:13:13.679
body worn camera by the way need companies. Then voluntarily
239
00:13:14.519 --> 00:13:17.879
not to the police precinct where he's debriefed by you know,
240
00:13:17.919 --> 00:13:21.799
two season detectives for about an hour. He tells them,
241
00:13:21.960 --> 00:13:24.279
you know, exactly how things played out, and they send
242
00:13:24.360 --> 00:13:28.799
him home. And you know, that was where it was
243
00:13:28.840 --> 00:13:32.480
at least for a few days. And even when I,
244
00:13:32.519 --> 00:13:35.399
you know, initially spoke with the prosecutor that was originally
245
00:13:35.519 --> 00:13:38.320
signed to this case, just a district attorney in the
246
00:13:38.320 --> 00:13:41.559
Manhattan Day's Office that that I dealt with before, and
247
00:13:42.440 --> 00:13:45.440
it was a reasonable person and the original overtures from
248
00:13:45.440 --> 00:13:47.240
the DA's office was look, you know, we're going to
249
00:13:47.320 --> 00:13:49.039
take our time with this. We want to do a
250
00:13:49.039 --> 00:13:52.360
long and throw an investigation. Maybe next month we'll have
251
00:13:52.399 --> 00:13:55.679
a meeting in my office, in our office among the attorneys,
252
00:13:55.679 --> 00:13:58.000
and we'll kind of see where things go. They weren't
253
00:13:58.000 --> 00:13:59.960
pleasuring never to prosecute him, but there was a certain
254
00:14:00.120 --> 00:14:02.960
me no indication there was an urgency. And then what happened,
255
00:14:03.000 --> 00:14:09.120
of course, you know, the the politicians that the agenda
256
00:14:09.200 --> 00:14:12.360
driven politicians, the activists, the al Sharptons of the world,
257
00:14:12.399 --> 00:14:15.440
the b l at the Black Lives Matters, uh, you know,
258
00:14:15.559 --> 00:14:19.080
started rationing up the rank corps, if you will. There
259
00:14:19.200 --> 00:14:23.480
was a protest that the subways stop at the subway
260
00:14:23.480 --> 00:14:26.080
station where the protesters went on the tracks to block
261
00:14:26.159 --> 00:14:29.039
the trains. And now it's just the drum beat was
262
00:14:29.120 --> 00:14:31.639
loud and steady. And within a day or two of
263
00:14:31.639 --> 00:14:34.200
the call I just described, I get another call and saying, yeah,
264
00:14:34.240 --> 00:14:37.120
well sorry, you know, the orders come from the top,
265
00:14:37.559 --> 00:14:40.080
your client's got to surrender tomorrow. And at that point, well,
266
00:14:40.440 --> 00:14:41.840
what are you going to say? Now?
267
00:14:42.440 --> 00:14:48.399
So the das Alvin Bragg at that point, right, and yes, yeah,
268
00:14:48.960 --> 00:14:49.159
and so.
269
00:14:49.159 --> 00:14:51.240
I'm not dealing with them correctly, but it's his you know,
270
00:14:51.279 --> 00:14:52.559
it was his office, right.
271
00:14:52.519 --> 00:14:55.159
Right, And so yeah, it got a lot of attention
272
00:14:55.360 --> 00:14:58.279
on both sides, and everybody was really amazed that they
273
00:14:58.279 --> 00:15:00.960
would prosecute him. But of course, as you're talking about,
274
00:15:01.080 --> 00:15:03.519
was very political, and what was the political context at
275
00:15:03.519 --> 00:15:03.759
the time.
276
00:15:03.840 --> 00:15:06.039
Was that around the time of George Floyd as.
277
00:15:05.879 --> 00:15:08.159
Well, well, you know, it was much closer to it.
278
00:15:08.360 --> 00:15:13.279
And you know, we all know, you know, how things
279
00:15:13.320 --> 00:15:16.960
can change, you know, how quickly things can change, just
280
00:15:18.559 --> 00:15:22.919
based on individual incidents and also just the public mood,
281
00:15:23.080 --> 00:15:26.279
if you will. In May of twenty twenty three, it
282
00:15:26.320 --> 00:15:29.080
was a different time than you know, May of twenty
283
00:15:29.200 --> 00:15:32.519
twenty five or May of twenty twenty six. Not that
284
00:15:32.600 --> 00:15:36.039
we've you know, by any means overcome our issues as
285
00:15:36.039 --> 00:15:38.399
a society, but you know, at that point, there was
286
00:15:38.440 --> 00:15:44.399
still very much a fervor you know, to you know, judging,
287
00:15:44.519 --> 00:15:47.360
pre judging guilt, you know, in any kind of cross
288
00:15:47.559 --> 00:15:52.919
racial case where there's there's the death of a black person,
289
00:15:53.000 --> 00:15:56.519
regardless of the circumstances, regardless of whether there's justification or not.
290
00:15:57.440 --> 00:16:01.360
The BLM, you know, movement still had a lot of
291
00:16:01.519 --> 00:16:05.279
you know, Gusto behind it, the George Floyd situation.
292
00:16:06.360 --> 00:16:07.320
And I think since.
293
00:16:07.080 --> 00:16:11.039
Then, people have, you know, a lot of people have
294
00:16:11.080 --> 00:16:15.000
started to take a more nuanced view of all that. So,
295
00:16:15.320 --> 00:16:18.440
you know, it was this, you know, there may have
296
00:16:18.440 --> 00:16:21.159
been tragedy here, but was it you know, was it
297
00:16:21.279 --> 00:16:25.120
everything that was suggested to be? But in May twenty
298
00:16:25.279 --> 00:16:27.679
twenty three, we had all that headwind in our face,
299
00:16:27.799 --> 00:16:32.000
and we were also, you know, dealing with a burrow that,
300
00:16:32.120 --> 00:16:36.039
you know, politically is arguably is more liberal than a
301
00:16:36.159 --> 00:16:38.639
place in the country as far as voter registration and
302
00:16:38.759 --> 00:16:40.799
so forth. So there were a lot of people that
303
00:16:41.000 --> 00:16:43.080
said that, well, you're never going to get a fair
304
00:16:43.159 --> 00:16:46.200
trial in this case. It doesn't be in this venue,
305
00:16:46.279 --> 00:16:48.600
in the city, doesn't matter what the facts are.
306
00:16:50.320 --> 00:16:53.120
Yeah, and we look at this, if I remember correctly,
307
00:16:53.200 --> 00:16:55.159
I think there was the guy who was helping Daniel
308
00:16:55.600 --> 00:16:57.720
that was black himself, wasn't there.
309
00:16:58.480 --> 00:17:04.599
Yeah, he was only a darker, you know, skinned hispanic individual.
310
00:17:05.039 --> 00:17:07.119
And again, look, I don't think any of this should matter.
311
00:17:07.480 --> 00:17:09.279
Yeah, I don't think it was racial at all, and
312
00:17:09.559 --> 00:17:13.119
that's what everybody. It was made racial for political reasons.
313
00:17:13.519 --> 00:17:17.039
But it's certainly appropriate when you you know, when once
314
00:17:17.079 --> 00:17:19.640
I tries to racialize it to point out that wait
315
00:17:19.680 --> 00:17:25.640
a second, and more than the individuals that were helping him.
316
00:17:24.640 --> 00:17:26.839
You know, the the train itself.
317
00:17:26.960 --> 00:17:30.200
I mean, this is this is a mid town Manhattan Onday.
318
00:17:31.599 --> 00:17:35.079
You know, the subway car is not populated with all
319
00:17:35.119 --> 00:17:35.920
white people.
320
00:17:36.000 --> 00:17:36.240
Uh.
321
00:17:38.200 --> 00:17:41.359
New York City subway train that is. You know, it's
322
00:17:41.400 --> 00:17:46.200
about as diverse as you can get, you know, black, white, Asians.
323
00:17:45.759 --> 00:17:46.720
Hispanic.
324
00:17:47.799 --> 00:17:53.400
And you know, everyone on that train, I mean, virtually
325
00:17:53.440 --> 00:17:58.960
without exception, applauded what Danny did. In fact, you know,
326
00:17:59.039 --> 00:18:02.839
they were black people, men and women that stayed around
327
00:18:02.880 --> 00:18:04.839
to talk to the police to say, you know, look,
328
00:18:04.880 --> 00:18:07.480
he was trying to help us. He didn't do anything wrong.
329
00:18:07.599 --> 00:18:11.319
This other guy was scary, you know, he was seething
330
00:18:11.359 --> 00:18:13.839
he was going to hurt someone. And and that played
331
00:18:13.880 --> 00:18:15.519
out again at the trial. I mean, one of the
332
00:18:15.759 --> 00:18:17.759
poor things that you know, I knew. One of one
333
00:18:17.799 --> 00:18:20.880
of our missions, one of our objectives myself and the
334
00:18:20.920 --> 00:18:22.839
legal team to trial, was we said we have to
335
00:18:22.880 --> 00:18:27.000
put the jury the jury box in that subway car
336
00:18:27.319 --> 00:18:30.519
and let them, you know, see what these passengers saw,
337
00:18:30.680 --> 00:18:33.799
feel what they felt, since what they sent same way
338
00:18:33.880 --> 00:18:38.440
Danny had experienced all that and the bystanders, you know,
339
00:18:38.480 --> 00:18:40.839
because there was an attempt by the DA's office print
340
00:18:40.920 --> 00:18:42.680
as well. You know, yeah, he was you know, Jordan
341
00:18:42.759 --> 00:18:44.640
Neely was a bed you know, it was it was
342
00:18:44.640 --> 00:18:46.200
was saying things and he.
343
00:18:46.160 --> 00:18:46.880
Had a record.
344
00:18:47.839 --> 00:18:50.240
But you know this, this is just another you know,
345
00:18:50.640 --> 00:18:53.119
guy on the New York City subway carrying on. And
346
00:18:53.200 --> 00:18:56.079
we had these witnesses come in again. You know, it
347
00:18:56.200 --> 00:18:58.839
was a black woman who who testified before the jury.
348
00:18:58.960 --> 00:19:00.839
She said, Look, I've been I've riding the subway for
349
00:19:00.880 --> 00:19:04.440
fifty years. In whole life, I've been personally accosted.
350
00:19:03.960 --> 00:19:04.599
On the subway.
351
00:19:04.880 --> 00:19:08.720
People try to sexually astall me on the subway. None
352
00:19:08.720 --> 00:19:11.720
of those incidents scared me like Jordan Neely scared me.
353
00:19:11.839 --> 00:19:16.079
Was very powerful and and her words were echoed in
354
00:19:16.160 --> 00:19:18.640
so many ways by so many other witnesses.
355
00:19:19.079 --> 00:19:21.400
Yeah, it was a righteous cause defending him, and absolutely
356
00:19:21.640 --> 00:19:24.759
was of course, you know, as we're talking about before,
357
00:19:24.839 --> 00:19:27.160
you you work with the system that is there.
358
00:19:27.559 --> 00:19:29.359
He certainly was no Luigi, was.
359
00:19:29.319 --> 00:19:36.559
He Yeah, yeah, and you gotta you know, you can't.
360
00:19:38.039 --> 00:19:40.440
There I think is a temptation to lump you know,
361
00:19:40.559 --> 00:19:44.000
criminal defendants or yeah, into the same box. Well, you
362
00:19:44.039 --> 00:19:46.599
know he did, you know, very different, very different facts
363
00:19:46.640 --> 00:19:47.559
and circumstances.
364
00:19:47.640 --> 00:19:51.359
Well, it surprises me how many people have defended Luigi
365
00:19:51.480 --> 00:19:54.759
and donated money to him as well. And of course,
366
00:19:55.839 --> 00:19:59.240
even though he was acquitted, Daniel Penny is still facing
367
00:19:59.319 --> 00:20:02.079
a civil law suit and you are involved in helping
368
00:20:02.160 --> 00:20:03.640
him with that as well. Tell us a little bit
369
00:20:03.640 --> 00:20:04.119
about that.
370
00:20:05.240 --> 00:20:08.400
Yeah, so you know a lot of people who you
371
00:20:08.440 --> 00:20:12.400
know aren't involved or follow the legal system closely, or
372
00:20:12.440 --> 00:20:17.519
aren't lawyers, don't realize that, you know, there are You know,
373
00:20:17.559 --> 00:20:20.599
there are two systems of justice. There's a criminal in
374
00:20:20.640 --> 00:20:24.640
the civil and you can have a situation where even
375
00:20:24.680 --> 00:20:27.200
though someone is fully acquitted, as Daniel Penny was in
376
00:20:27.240 --> 00:20:31.599
the criminal case, that you know, they can still face
377
00:20:31.759 --> 00:20:35.839
a civil lawsuit doesn't mean the lawsuit has Merit doesn't
378
00:20:35.880 --> 00:20:37.960
mean it's going to be successful. In fact, we're quite
379
00:20:37.960 --> 00:20:39.720
confident that it won't be in this case for all
380
00:20:39.720 --> 00:20:44.279
the reasons the criminal case wasn't successful but for the prosecution.
381
00:20:45.519 --> 00:20:47.640
But there's not an absolute bar on it. It's not
382
00:20:47.680 --> 00:20:50.440
a double jeopardy situation. The classic example is the O. J.
383
00:20:50.559 --> 00:20:51.319
Simpson case.
384
00:20:52.319 --> 00:20:54.640
Again, although I'm loath to mention O J. Simpson in
385
00:20:54.680 --> 00:21:01.200
the same breath as client. Utterly just a situations. But
386
00:21:01.240 --> 00:21:06.799
the point is that you know, these lawsuits you know happened.
387
00:21:07.440 --> 00:21:12.920
You know, sometimes they have merit, other times they don't.
388
00:21:13.680 --> 00:21:17.000
I would would say that this is an indication where
389
00:21:17.000 --> 00:21:21.799
the lawsuit does not have my merit, and uh, you know,
390
00:21:21.799 --> 00:21:25.559
I think it's snacks of opportunism among you know that
391
00:21:25.720 --> 00:21:28.640
that was uh, you know, driven by you know, some
392
00:21:28.680 --> 00:21:31.920
people with political agendas and some people just want to
393
00:21:31.960 --> 00:21:34.640
try to profit off a tragedy.
394
00:21:35.119 --> 00:21:37.279
Let's talk a little bit about the guy who started
395
00:21:37.279 --> 00:21:39.079
all this suff His name is Jordan Neely was it
396
00:21:40.160 --> 00:21:41.920
and uh he died?
397
00:21:42.160 --> 00:21:47.680
Now what did they rule the death was from?
398
00:21:47.720 --> 00:21:52.200
So you know, it's interesting because they originally, you know,
399
00:21:53.400 --> 00:21:57.599
they originally indicated it with with the original tops of
400
00:21:57.720 --> 00:22:01.319
reports that you know, cause I know, you know, you know,
401
00:22:01.799 --> 00:22:04.880
indicate a homicide. But you know, a homicide is is
402
00:22:05.279 --> 00:22:08.759
a in terms of forensic pathology, is a death by
403
00:22:08.839 --> 00:22:12.480
unnatural causes? All right, It's not a legal conclusion as in,
404
00:22:12.640 --> 00:22:15.160
you know, people try to quit it with murder. Homicide
405
00:22:15.200 --> 00:22:18.160
used in a different context in a courtroom has a
406
00:22:18.160 --> 00:22:22.319
different meaning. But you know, they were the original autome
407
00:22:22.319 --> 00:22:25.599
ser board, which we cross examined. My importner, Stephen raised
408
00:22:25.599 --> 00:22:30.640
their cross examined the city's medical examiner very adeptly on this,
409
00:22:31.160 --> 00:22:35.279
you know, confronted her with it, you know, waiting toxicology
410
00:22:35.920 --> 00:22:39.880
because they too, of course were under the uh, you know,
411
00:22:39.960 --> 00:22:44.640
impression that Jordan nearly made Overdose's what everyone believed that.
412
00:22:46.000 --> 00:22:49.480
And then within about twenty four hours they then amended
413
00:22:49.759 --> 00:22:52.799
their cause of death, which was long before the toxicology
414
00:22:52.920 --> 00:22:58.559
was back. And we you know, I think suggested, I
415
00:22:58.599 --> 00:23:03.400
think it was quite apparent that the medical examiner's office
416
00:23:03.440 --> 00:23:07.599
became politicized, just like the district attorney's office in this case,
417
00:23:08.119 --> 00:23:11.920
and basically yielded to you know, political pressure, both internal
418
00:23:11.960 --> 00:23:12.519
and external.
419
00:23:12.839 --> 00:23:16.359
Wow, now he had a long rap sheet, didn't he?
420
00:23:17.119 --> 00:23:20.319
And what does that tell us about our justice system
421
00:23:20.359 --> 00:23:23.759
in general? How many times somebody can be arrested and released,
422
00:23:24.039 --> 00:23:26.880
or if somebody has a mental issue and they put
423
00:23:26.960 --> 00:23:27.480
him on the street.
424
00:23:27.559 --> 00:23:28.799
What does that say about that?
425
00:23:29.279 --> 00:23:32.119
Well, it shows that it's an abject failure. And I
426
00:23:32.119 --> 00:23:36.319
don't think anybody even seriously will seriously try to argue
427
00:23:36.359 --> 00:23:39.920
differently unless they're really arguing their agenda. You know, there
428
00:23:40.000 --> 00:23:44.400
is they woke progressive criminal justice agenda that has taken
429
00:23:44.440 --> 00:23:47.359
hold in the city then includes a large contingent, by
430
00:23:47.359 --> 00:23:48.920
the way, that believed that no one should ever be
431
00:23:48.960 --> 00:23:50.599
sent to jail under any circumstances.
432
00:23:50.680 --> 00:23:54.200
Yeah, oh yeah, no bail. You just thought everybody.
433
00:23:54.880 --> 00:23:56.880
You'd like to, you know, say, well, you know those
434
00:23:57.079 --> 00:24:00.799
excreeness and they certainly are. But the reality is that,
435
00:24:00.920 --> 00:24:05.000
you know, once those quote unquote extremists have gotten such
436
00:24:05.039 --> 00:24:09.240
a hold of such a foothold and such influence that
437
00:24:09.319 --> 00:24:11.799
you can't really call him extremists anymore because they are,
438
00:24:13.119 --> 00:24:16.119
you know, within this political culture in this city and
439
00:24:16.119 --> 00:24:20.519
many others they represent. You know, at least something that
440
00:24:20.559 --> 00:24:23.440
has a viewpoint has become much more mainstream. I mean,
441
00:24:23.640 --> 00:24:27.440
as difficult as that can be for any reasonable person
442
00:24:27.480 --> 00:24:31.559
to wrap their head around, you know. So yeah, I
443
00:24:31.599 --> 00:24:34.160
mean Jordan Neely was in fact, they got a bench
444
00:24:34.200 --> 00:24:36.400
warn out for him for a felony assault he had
445
00:24:36.440 --> 00:24:39.640
committed on the subway against a woman in her sixties
446
00:24:39.640 --> 00:24:43.640
worried bast or facing Wow, he had fifty.
447
00:24:43.400 --> 00:24:44.200
Some odd other.
448
00:24:45.720 --> 00:24:46.480
Arrests in condation.
449
00:24:46.599 --> 00:24:48.200
Those only the offenses we know about.
450
00:24:48.279 --> 00:24:49.960
I mean, you know, people think that you know, any
451
00:24:50.000 --> 00:24:52.440
contact with the criminal justice system results in a record
452
00:24:52.480 --> 00:24:55.119
that's far from the truth, particularly in this town.
453
00:24:55.920 --> 00:24:57.039
And then more than that.
454
00:24:57.039 --> 00:25:00.319
You know, and these things are really, you know, in
455
00:25:00.319 --> 00:25:02.559
his case, were joined at the hip, as they often are.
456
00:25:02.680 --> 00:25:05.240
He was deeply psychotic. He was considered one of the
457
00:25:05.240 --> 00:25:08.920
most psychotic people you know, walking the streets because of
458
00:25:08.960 --> 00:25:12.279
paranoid schizophrenia, which of course is not his fault, you know,
459
00:25:12.440 --> 00:25:16.920
Jordan Neely. You know, the system in many ways failed him,
460
00:25:16.960 --> 00:25:20.319
perhaps you know, long before he saw the inside of
461
00:25:20.359 --> 00:25:23.920
a jail cell, he should have been institutionalized and gotten,
462
00:25:25.480 --> 00:25:28.920
you know, the psychiatric treatment that he needed. People in
463
00:25:29.279 --> 00:25:32.559
with paranoid schizophrenia can't self regulate that they need to
464
00:25:32.599 --> 00:25:37.839
be you know, dealt with in a custodial setting at
465
00:25:37.920 --> 00:25:40.000
least until you stabilize them, and then they need to
466
00:25:40.000 --> 00:25:43.680
be closely monitored. None of that was done here, And
467
00:25:43.720 --> 00:25:47.559
it's the story that's repeated day after day after day. Yeah,
468
00:25:48.400 --> 00:25:50.680
in a lot of big cities in America, certainly including
469
00:25:50.680 --> 00:25:51.279
New York City.
470
00:25:51.680 --> 00:25:54.880
Yeah, we have this catch and release justice system, if
471
00:25:54.880 --> 00:25:57.920
you will, and then we have a just let everybody
472
00:25:57.920 --> 00:26:00.400
out of the mental institutions. On the other side, many
473
00:26:00.440 --> 00:26:02.920
times we have as you point out, like in this individual,
474
00:26:02.960 --> 00:26:06.400
the two of those things converge, don't they. Well, it
475
00:26:06.559 --> 00:26:09.839
is an amazing case and certainly we hope that this
476
00:26:09.920 --> 00:26:13.240
works out well for Daniel Penny. Is there a go
477
00:26:13.359 --> 00:26:15.279
fund me for him?
478
00:26:15.480 --> 00:26:17.359
Yeah, there's a go fund me that's been set up
479
00:26:17.400 --> 00:26:21.559
for a while, has been very successful. It's been quiet
480
00:26:22.119 --> 00:26:24.880
lately because a lot of people just assume, well, you know, believe,
481
00:26:25.000 --> 00:26:27.960
yeahs over. But the reality is that he is still
482
00:26:27.960 --> 00:26:31.279
defending this civil suit. It takes a lot of resources,
483
00:26:32.079 --> 00:26:35.079
not just not just the lawyers, but the experts and
484
00:26:35.400 --> 00:26:39.359
all else. So yeah, yeah, I would encourage everybody to
485
00:26:39.440 --> 00:26:41.960
take a look at the go go fund me. I'm sorry,
486
00:26:42.200 --> 00:26:48.440
give send go not go fund And you know, even
487
00:26:48.519 --> 00:26:50.079
even though you'll see that he's raised a lot of
488
00:26:50.119 --> 00:26:52.079
money already, to understand that he's, you know, in the
489
00:26:52.119 --> 00:26:52.599
midst of.
490
00:26:53.440 --> 00:26:55.799
A second major legal battle.
491
00:26:55.880 --> 00:26:59.279
And you know, any anybody who can contribute is is
492
00:26:59.359 --> 00:27:01.720
doing a good thing for you know, someone to try
493
00:27:01.759 --> 00:27:04.039
to do and to do the right thing for others selflessly.
494
00:27:04.319 --> 00:27:04.880
Yeah, that's right.
495
00:27:04.920 --> 00:27:08.640
And of course we've had the new mayor of New York,
496
00:27:08.720 --> 00:27:12.160
Mom Danny has said that he wants to get more
497
00:27:12.200 --> 00:27:14.200
police out of the subway, and he wants to have
498
00:27:14.200 --> 00:27:17.680
citizens to take up some more. Response to that, I
499
00:27:17.720 --> 00:27:21.160
wonder who the next Daniel Penny is going to be?
500
00:27:23.119 --> 00:27:27.000
Well, you also wonder, you know how many Daniel Penny.
501
00:27:26.759 --> 00:27:27.839
Is we're going to have left?
502
00:27:27.920 --> 00:27:31.839
I mean, certainly because the system does so much through
503
00:27:31.839 --> 00:27:35.240
a probably not just prosecution like this, to deter you know,
504
00:27:35.440 --> 00:27:39.720
decent people, you know, good samaritans, you know, from standing
505
00:27:39.799 --> 00:27:41.839
up because they know that even if it goes right
506
00:27:43.000 --> 00:27:45.400
and they're able to protect people, they could wind up
507
00:27:45.440 --> 00:27:48.799
facing you know, the working end of the criminal indictment.
508
00:27:48.880 --> 00:27:50.440
So right, it's a terrible.
509
00:27:51.799 --> 00:27:54.079
Yeah, I have a situation where you step in the
510
00:27:54.119 --> 00:27:55.920
gap and you put your life at risk and you
511
00:27:55.960 --> 00:27:59.240
help people, and then the system comes after you. And
512
00:27:59.279 --> 00:28:01.279
when people look at that, they're even less likely to
513
00:28:01.319 --> 00:28:02.799
step up and do anything about.
514
00:28:02.559 --> 00:28:03.160
It, aren't they?
515
00:28:04.279 --> 00:28:05.720
Yeah? Absolutely, you know.
516
00:28:05.799 --> 00:28:09.319
And it's it's the you know, it's very difficult, you know,
517
00:28:09.480 --> 00:28:11.960
getting trying to change the system, trying to go up
518
00:28:11.960 --> 00:28:12.960
against the system.
519
00:28:13.400 --> 00:28:15.720
That's a lot of what Tooksido Parker is about my book.
520
00:28:15.799 --> 00:28:18.000
You know, it's it's the idea that you have a
521
00:28:18.039 --> 00:28:21.559
prosecutor but he's sort of because he's going against the
522
00:28:21.559 --> 00:28:25.200
grain of what the political establishment wants, is trying to
523
00:28:25.200 --> 00:28:28.160
protect their own you know, he winds up, you know,
524
00:28:28.720 --> 00:28:31.039
being not part of the system, but but but trying
525
00:28:31.039 --> 00:28:31.519
to fight.
526
00:28:31.359 --> 00:28:32.720
Against it to get justice.
527
00:28:32.759 --> 00:28:36.000
And you know, as I said before, you know, I,
528
00:28:37.079 --> 00:28:39.279
you know, I chose to write about, you know, things
529
00:28:39.319 --> 00:28:43.720
that live, things I've experienced. So it's a fictional book,
530
00:28:43.799 --> 00:28:46.920
but the themes that the protagonist is dealing with are
531
00:28:47.000 --> 00:28:51.720
ones that happen in real life, in courts, in in
532
00:28:51.839 --> 00:28:56.759
throughout this country probably beyond. And you know, it's it's
533
00:28:56.880 --> 00:28:59.359
it's it's an important theme. You know, somebody who is
534
00:28:59.400 --> 00:29:02.759
willing to try to protect others, you know, like a
535
00:29:02.880 --> 00:29:06.799
Daniel Penny, even at tremendous cost to themselves.
536
00:29:07.119 --> 00:29:10.279
Yes, yes, well sounds like a fascinating premis and certainly
537
00:29:10.400 --> 00:29:11.319
you know your stuff.
538
00:29:11.960 --> 00:29:14.839
The book is Tuxedo Park. It just came out yesterday.
539
00:29:14.880 --> 00:29:18.599
We noticed that it was available as an audiobook as well,
540
00:29:18.759 --> 00:29:21.559
so that's something for people to think about Tuxedo Park.
541
00:29:21.960 --> 00:29:26.319
And we're talking to the author here, mister Kenneth. And
542
00:29:27.000 --> 00:29:29.759
so your first name is Thomas, right, Yes, Thomas Thomas
543
00:29:29.880 --> 00:29:32.839
kennef as kay E n I F F. And the
544
00:29:32.880 --> 00:29:36.480
book is Tuxedo Park sounds like a fascinating premise for
545
00:29:36.519 --> 00:29:39.960
a book, and again you are somebody who has lived
546
00:29:40.079 --> 00:29:42.559
that experience. It should be a very interesting novel. Thank
547
00:29:42.559 --> 00:29:44.000
you so much for joining us.
548
00:29:44.640 --> 00:29:46.839
Yeah, thank you so much for having me, David. And
549
00:29:47.359 --> 00:29:50.039
you know the book is available on you know, really
550
00:29:50.119 --> 00:29:53.279
cross platforms. Amazon seems to be the place to go
551
00:29:53.359 --> 00:29:57.279
these days. We also have a great website, Tuxedo Park Book.
552
00:29:57.599 --> 00:29:59.519
Oh good, Yeah, we'll put that in the notes.
553
00:30:00.079 --> 00:30:02.960
Yeah, we have a there's a great book trailer on there,
554
00:30:03.119 --> 00:30:07.119
very cinematic, so that that in itself is worth checking.
555
00:30:07.799 --> 00:30:08.279
That's great.
556
00:30:08.480 --> 00:30:11.000
Go on there by the book Taxedo parkbook dot com
557
00:30:11.079 --> 00:30:14.119
or go straight Downazon. You know, this is going to
558
00:30:14.160 --> 00:30:17.160
be a very exciting read for anybody who loves the
559
00:30:17.200 --> 00:30:19.400
sort of subject matter that we're covering on your show.
560
00:30:19.640 --> 00:30:20.079
That's great.
561
00:30:20.160 --> 00:30:26.240
Yeah, it is always a wonderful for how ground for intrigue,
562
00:30:26.279 --> 00:30:28.599
isn't it in the legal system?
563
00:30:29.160 --> 00:30:29.480
It is.
564
00:30:29.599 --> 00:30:32.200
It looks like it's one of those Tuxedo Park Book
565
00:30:32.359 --> 00:30:35.200
dot Com. Thank you so much, Thomas Kinnef. Thank you
566
00:30:35.240 --> 00:30:37.640
so much for joining us, and thank you for what
567
00:30:37.680 --> 00:30:39.039
you did for Thank you for what you did for
568
00:30:39.119 --> 00:30:41.759
Daniel Penny as well. It's good to see justice served
569
00:30:41.759 --> 00:30:44.119
every once in a while, even if it's difficult for
570
00:30:44.160 --> 00:30:45.559
the people who have to go through it. I know
571
00:30:45.599 --> 00:30:48.640
it's an ordeal, even if you're quitted, but thank you
572
00:30:48.720 --> 00:30:50.920
for that, and I'm very glad that you were successful
573
00:30:50.960 --> 00:30:51.119
with that.
574
00:30:51.200 --> 00:30:51.880
Thank you so much.
575
00:30:52.559 --> 00:30:53.839
I appreciate it great being here.
576
00:30:53.960 --> 00:30:54.400
Thank you.
577
00:31:04.799 --> 00:31:11.000
The common Man. They created common Core and dumbed down
578
00:31:11.000 --> 00:31:14.839
our children. They created Common Past to track and control us.
579
00:31:15.119 --> 00:31:19.079
They're Commons project to make sure the commoners own nothing
580
00:31:20.000 --> 00:31:24.640
and the communist future. They see the common man as simple,
581
00:31:25.119 --> 00:31:30.000
unsophisticated ordinary. But each of us has worth and dignity
582
00:31:30.200 --> 00:31:35.039
created in the image of God. That is what we
583
00:31:35.119 --> 00:31:37.960
have in common. That is what they want to take away.
584
00:31:38.759 --> 00:31:44.440
Their most powerful weapons are isolation, deception, intimidation. They desire
585
00:31:44.480 --> 00:31:48.440
to know everything about us, while they hide everything from us.
586
00:31:49.440 --> 00:31:51.279
It's time to turn that around.
587
00:31:51.160 --> 00:31:55.039
And expose what they want to hide. Please share the
588
00:31:55.039 --> 00:31:59.039
information and links you'll find at the Davidnightshow dot com.
589
00:31:59.079 --> 00:32:07.240
Thank you for listening, Thank you for sharing. If you
590
00:32:07.240 --> 00:32:10.039
can't support us financially, please keep us in your prayers.
591
00:32:10.720 --> 00:32:33.079
The Davidnightshow dot com