happen on the return date of july 17, if they returned an indictment that means everything. it s whether or not daniel penny was reasonable in light of the circumstances and the circumstances are based upon what the attorney described, he said we were underground. we were in a car. some people had cell service, some didn t. they were trying to call the police. people were moving away. they were afraid. he said there was nothing anyone could do. this guy, as you heard him say, was willing to die and willing to go to prison for the rest of his life. all of this is about reasonableness, based upon not one thing. the whole totality of circumstances and whether or not daniel penny acted reasonably. the interesting thing is when i asked the question. he has been arrested 44 times, jordan neely. he said whether he knew that or didn t know that, it didn t
he spoke to the police. he went to the police station, voluntarily gave his statement and left and all of a sudden after this huge uproar in new york city and people demanding an arrest, alvin bragg as political as they get at this point decides to charge him with murder when the police didn t think it was appropriate to charge him with murder. what we have here is the scenario where they have let him out on bail until july 17. the grand jury will meet before july 17. what is significant about that is since there s notice to the grand jury, the defendant in this case will have the opportunity, that s daniel penny, to testify. the defense will be able to present witnesses in the grand jury. that normally doesn t happen. you know, one of the things to understand about this case is that it has a lot of political implications, which why it s in a felony complaint now. felony complaint can t go
sentence. he said it doesn t matter if i died. attorney s for neely s family said while they were hopeful for a charge in this case, they want manslaughter 2 upgraded to murder. is that enough for someone who chokes somebody out on the train and took their life? 5 to 15 years? murder 2, up to 25 to life. so we need a full cup of justice here. penny s next court appearance will be july 17. back to you. martha: thanks. judge jeanine joins me here on the set, co host of the five. judge, he was in court this morning. out today free. $100,000 bail. what do you make of this case? i think you get a sense of who daniel penny is. when he actually not only put jordan neely on his side, which is a recovery position that we saw him put him in on the train after he was in the choke hold position, but penny waited.