questions further fueling gop accusations of stone walling. is the fbi hiding key documents and tape recordings on the multi-million dollar scheme. we will ask john kennedy coming up, senate judiciary member. john: first awaiting a decision in the daniel penny case, as a grand jury could vote as early as today on whether to indict him in the death of jordan neely. hello, john roberts in washington. we made it to the middle of the week. sandra: sandra smith in new york. this is america reports. grand jury set to consider a couple of things, including whether neely posed a threat to the safety of other passengers on the train and if penny used excessive force to subdue neely during the may 1st incident on the subway train. john: we have complete conversation, joe borelli will join us in a moment. sandra: bryan, what exactly is happening today, what are we waiting on? sandra, good to be with you. from what we have learned, the vote by this grand jury could still very
see more of these incidents happen. john: one thing we have not seen yet, joe, is the toxicology report on jordan neely, and i don t know if we are ever going to see it publicly. we do not know if he might have had something in his system that contributed to his death. there s a chance he didn t but it s possible he might have. yeah, i would tend to agree. i heard from his attorney on a radio network earlier today saying they have not even received daniel penny s attorney saying they have not received the toxicology report, and that would lead me to believe that alvin bragg does not want to bring that information to the grand jury. i suspect it would exonerate to some degree what mr. penny is accused of doing. we don t know what specifically happened before the incident took place, but the narrative that the al sharptons of the world have tried to bring about,
there s one thing that proves, this manhattan district attorney has his priorities not necessarily in the order that most new yorkers might. there s one thing that we also have learned from these videos and from the witness statements that the narrative that sort of was circulating after this incident happened has not panned out. there was not just one person, daniel penny restraining this individual, there were three people, three men made the independent decision to intervene, and those people are not helping jordan neely, they were helping daniel penny restrain him. now we have the testimony allegedly from the woman who called daniel penny a hero. i think this erodes a lot of the narrative that alvin bragg is hoping to convince this grand jury enough of them to indict. sandra: joe, thanks for joining us. this is neely s attorney slamming penny for that chokehold and making the case he should have known better about his actions. when you are trained in combat, that gives you some
leader and as bryan was mentioning, daniel penny did not appear before the grand jury, his attorney did put out some clips in an interview he did which he explained his side of the story. play one of those for you now. three main threats he repeated over and over was i m going to kill you, i m prepared to go to jail for life, and i m willing to die. we were all scared. mr. neely was yelling in these passengers faces and he looked terrified. john: a case that comes to mind, the bodega worker who was charged with murder after killing somebody who had attacked him and only when the video came to light bragg dropped the charges. do you believe as more evidence comes as witnesses described the events leading up to the moment he put him in the restraining hold that penny might be cleared of this? i sure hope so. you brought up jose alba, and if
questions further fueling gop accusations of stone walling. is the fbi hiding key documents and tape recordings on the multi-million dollar scheme. we will ask john kennedy coming up, senate judiciary member. john: first awaiting a decision in the daniel penny case, as a grand jury could vote as early as today on whether to indict him in the death of jordan neely. hello, john roberts in washington. we made it to the middle of the week. sandra: sandra smith in new york. this is america reports. grand jury set to consider a couple of things, including whether neely posed a threat to the safety of other passengers on the train and if penny used excessive force to subdue neely during the may 1st incident on the subway train. john: we have complete conversation, joe borelli will join us in a moment.