WEBVTT 1 00:00:00.480 --> 00:00:01.520 It's nice eyes. 2 00:00:02.839 --> 00:00:06.320 Undoing Boston's news radio. 3 00:00:06.799 --> 00:00:09.439 So we're going to continue to talk about the arrest 4 00:00:09.800 --> 00:00:16.079 of Luigi Menngioni. He has not yet been formally charged 5 00:00:16.519 --> 00:00:20.320 with the murder of Brian Thompson. That will happen, I 6 00:00:20.359 --> 00:00:24.280 assume shortly once he is brought back to New York 7 00:00:24.320 --> 00:00:28.280 from the state of Pennsylvania. He is facing charges in 8 00:00:28.359 --> 00:00:33.399 the state of Pennsylvania dealing with false ideas lying to police. 9 00:00:33.759 --> 00:00:37.359 But he's being held without bail, so he's not going anywhere. 10 00:00:37.520 --> 00:00:41.240 His life, for all intents and purposes, is over. I mean, 11 00:00:41.359 --> 00:00:47.039 you talk about a case that is a solid case, 12 00:00:47.119 --> 00:00:49.359 that is it now if you want to look at 13 00:00:49.359 --> 00:00:51.439 the other side of the coin, and a pretty weak 14 00:00:51.679 --> 00:00:56.960 case also dealing with a murder with a homicide, I 15 00:00:56.960 --> 00:01:01.880 should say. In New York, Daniel Penny, former marine, was 16 00:01:01.880 --> 00:01:06.319 acquitted in the death of Jordan Neely on that subway 17 00:01:06.359 --> 00:01:09.120 confrontation a year and a half ago. It was on 18 00:01:09.200 --> 00:01:13.680 May first, twenty twenty three when Neely, who is described 19 00:01:14.319 --> 00:01:18.319 as a Michael Jackson impersonator. By the way, I guess 20 00:01:20.599 --> 00:01:28.200 the gentleman did some sort of street dances Michael Jatt, 21 00:01:28.200 --> 00:01:33.319 but not like he's some professional impersonator. I mean he 22 00:01:33.480 --> 00:01:37.359 was a homeless person who had all sorts of mental 23 00:01:37.359 --> 00:01:42.480 health issues, maybe compounded by a use of substances drugs, 24 00:01:43.359 --> 00:01:48.079 gets on a subway car and threatens people, and this 25 00:01:48.439 --> 00:01:51.120 ex marine who was twenty four years old at the time, 26 00:01:51.200 --> 00:01:55.319 Daniel Penny, gets up and puts him in a brings 27 00:01:55.359 --> 00:01:57.239 him to the ground, puts him in a chokehold, and 28 00:01:57.879 --> 00:02:00.760 they struggle for a while as the train continues on 29 00:02:00.879 --> 00:02:06.760 people trying to get off the train. Alvin Bragg, who 30 00:02:06.799 --> 00:02:11.919 was the district attorney in Manhattan, who is not what 31 00:02:12.000 --> 00:02:14.639 you call a lauren on a district attorney, made an 32 00:02:14.680 --> 00:02:17.039 exception in this case and wanted to make an example 33 00:02:17.080 --> 00:02:22.000 of Daniel Penny, and he backfired. The judge, upon a 34 00:02:22.120 --> 00:02:25.960 motion of the defense on Friday, dismissed the more serious 35 00:02:26.080 --> 00:02:30.960 charge of murder in the second degree. I believe that 36 00:02:31.120 --> 00:02:39.080 was the charge. And then today the jury came back 37 00:02:39.240 --> 00:02:42.280 they had they had been hung up on the more 38 00:02:42.360 --> 00:02:46.280 serious charge. Today he was acquitted of what is in 39 00:02:46.280 --> 00:02:49.560 effect in New York criminally negligent homicide, which would be 40 00:02:49.639 --> 00:02:55.080 sort of a manslaughter conviction here. So there was the 41 00:02:55.280 --> 00:03:00.960 ugly demonstrations outside the courtroom side the court house, I 42 00:03:00.960 --> 00:03:04.000 actually say. But the demonstrations were pretty loud, and there 43 00:03:04.039 --> 00:03:09.400 of course was reaction when it was over. When it 44 00:03:09.439 --> 00:03:15.800 was over, this is the the lawyer for. 45 00:03:17.639 --> 00:03:17.800 Well. 46 00:03:17.840 --> 00:03:22.080 This is this is Daniel penny Cut, number twenty two raw, 47 00:03:22.240 --> 00:03:26.280 giving an account of how the incident transpired. This is 48 00:03:26.319 --> 00:03:30.879 a little over a minute, but this is this is 49 00:03:30.960 --> 00:03:32.080 penny Cut twenty two. 50 00:03:32.599 --> 00:03:35.520 The village in Manhattan. So I take the subway multiple 51 00:03:35.560 --> 00:03:38.360 times a day. In this instance, I was coming from school. 52 00:03:38.960 --> 00:03:41.439 I got out of class around two fifteen, and I 53 00:03:41.479 --> 00:03:44.280 took the I was at j Street metro Tech, took 54 00:03:44.319 --> 00:03:49.439 the uptown F train. At Second Avenue. A man came on, 55 00:03:49.919 --> 00:03:54.439 stumbled on. He appeared to be on drugs. The doors 56 00:03:54.479 --> 00:03:57.719 closed and he ripped his jacket off and violent and 57 00:03:57.759 --> 00:03:59.759 threw it at the people sitting down to my left. 58 00:04:00.479 --> 00:04:03.199 I was listening to music at the time and he 59 00:04:03.240 --> 00:04:05.560 was yelling, so I took my headphones out to hear 60 00:04:05.599 --> 00:04:08.639 what he was yelling. And the three main threats that 61 00:04:08.680 --> 00:04:11.080 he repeated over and over was I'm gonna kill you, 62 00:04:11.840 --> 00:04:13.919 I'm prepared to go to jail for life, and I'm 63 00:04:13.919 --> 00:04:16.319 willing to die. You know, this is a This was 64 00:04:16.360 --> 00:04:19.879 a scary situation, and mister really came on. He was 65 00:04:20.360 --> 00:04:22.680 he was threatening. He's I'm six too, and he was 66 00:04:22.720 --> 00:04:26.000 taller than me. So it was And there's a common 67 00:04:26.000 --> 00:04:29.480 misconception that Marines don't get scared. We're actually taught one 68 00:04:29.519 --> 00:04:33.079 of our core values is courage, and courage is not 69 00:04:33.519 --> 00:04:36.800 the absence of fear, but how you handle fear. And 70 00:04:37.800 --> 00:04:40.560 you know, I was scared for myself, but I looked around. 71 00:04:40.600 --> 00:04:41.720 I saw women and children. 72 00:04:41.839 --> 00:04:42.759 He was yelling in. 73 00:04:42.759 --> 00:04:47.120 Their faces, saying, saying these threats. I couldn't just sit still. 74 00:04:49.160 --> 00:04:52.399 He went on and continued. I'm saying that the whole 75 00:04:53.199 --> 00:04:56.480 incident took about five minutes cut twenty two a roup. 76 00:04:57.079 --> 00:04:58.920 Some people say that I was holding on to mister 77 00:04:58.959 --> 00:05:02.639 really for fifteen This is not true. I mean between 78 00:05:02.680 --> 00:05:05.079 stops is only a couple of minutes, so the whole 79 00:05:05.120 --> 00:05:08.360 interaction less less and less than five minutes. Some people 80 00:05:08.399 --> 00:05:10.480 say I was trying to choke him to death, which 81 00:05:10.519 --> 00:05:13.240 is also not true. I was trying to restrain him. 82 00:05:14.000 --> 00:05:15.680 You could see in the video there's a clear rise 83 00:05:15.720 --> 00:05:19.319 and fall of his chest indicating that he's breathing. I'm 84 00:05:19.600 --> 00:05:22.240 trying to restrain him from him being able to carry 85 00:05:22.240 --> 00:05:24.800 out the threats. And then some people say that this 86 00:05:24.959 --> 00:05:28.600 was about race, which is absolutely ridiculous. I didn't see 87 00:05:28.600 --> 00:05:32.319 a black man threatening passengers. I saw a man threatening passengers. 88 00:05:33.480 --> 00:05:36.720 It's a lot of whom were people of color. The 89 00:05:36.959 --> 00:05:39.920 men who helped restrained mister Neely was a person of color. 90 00:05:40.600 --> 00:05:42.759 And then a few days after the incident, I read 91 00:05:42.800 --> 00:05:45.920 in the papers that a woman of color came out 92 00:05:45.920 --> 00:05:46.720 and called me a hero. 93 00:05:47.199 --> 00:05:47.240 What. 94 00:05:47.560 --> 00:05:51.120 I don't believe that I'm a hero, but she was 95 00:05:51.120 --> 00:05:53.399 one of those people that I was trying to protect. 96 00:05:56.240 --> 00:06:01.079 So this is the the Daniel Perry comment. Then one 97 00:06:01.079 --> 00:06:04.279 final comment from him, and I believe this is cut 98 00:06:04.319 --> 00:06:08.680 twenty two B. Please Rob. We were all scared. 99 00:06:08.920 --> 00:06:12.279 Mister Neely was yelling in these passengers' faces, and they 100 00:06:12.279 --> 00:06:15.839 looked terrified. The reason why there was no video at 101 00:06:15.879 --> 00:06:18.120 the start of the altercation was because people were too 102 00:06:18.120 --> 00:06:22.079 afraid getting away from him and didn't The videos didn't 103 00:06:22.079 --> 00:06:25.160 start until they saw that situation was under control. I 104 00:06:25.240 --> 00:06:27.560 knew I had to act, and I acted in a 105 00:06:27.600 --> 00:06:31.079 way that would protect the other passengers, protect myself, and 106 00:06:31.120 --> 00:06:34.680 protect mister Neely. I used this hole to restrain him, 107 00:06:35.240 --> 00:06:37.879 and I did this by leaving my hand on top 108 00:06:37.920 --> 00:06:40.319 of his head to control his body. You could see 109 00:06:40.319 --> 00:06:42.040 in the video there's a clear rise and fall of 110 00:06:42.040 --> 00:06:45.000 his chest indicating that he was still breathing. And I'm 111 00:06:45.040 --> 00:06:48.959 calibrating my grip based on the force that he's exerting. 112 00:06:49.720 --> 00:06:53.759 And I just I mean, I was trying to keep 113 00:06:53.800 --> 00:06:56.079 him on the ground until the police came. I was 114 00:06:56.079 --> 00:06:58.759 praying that the police would come and take this situation, 115 00:06:59.360 --> 00:07:01.920 take this situation. I didn't want to be put in 116 00:07:01.920 --> 00:07:05.199 that situation, but I couldn't just sit still and let 117 00:07:05.240 --> 00:07:07.759 him carry out these threats. 118 00:07:09.680 --> 00:07:15.120 To me, listening to him, it sounds like a reasonable story. Now. 119 00:07:15.240 --> 00:07:24.920 The lawyer for Jordan Neely's family was outside of quote 120 00:07:24.959 --> 00:07:31.199 after the verdict, issuing, but he calls a call to action. 121 00:07:31.519 --> 00:07:33.000 Cup twenty Dante Mils. 122 00:07:33.040 --> 00:07:36.279 We have a call to action because you have to 123 00:07:36.319 --> 00:07:40.360 do something with this anger and with this rage. Our 124 00:07:40.439 --> 00:07:43.120 call to action is to take care of each other. 125 00:07:44.040 --> 00:07:48.120 We can't rely on outside people. If we see someone 126 00:07:48.199 --> 00:07:51.560 asking for food, we have to take the responsibility to 127 00:07:51.600 --> 00:07:53.920 give it to him. If we see someone cold, to 128 00:07:53.959 --> 00:07:56.720 give them a cold. If we see something someone going 129 00:07:56.800 --> 00:08:00.360 through something to act them if they're okay, right on. 130 00:08:01.480 --> 00:08:04.399 That's how we help each other, because we can't rely 131 00:08:05.120 --> 00:08:08.519 on the system to do it for us. And clearly, 132 00:08:08.560 --> 00:08:12.040 if we get to this point, it's too late. We 133 00:08:12.319 --> 00:08:14.959 have to be there for each other. And that's our 134 00:08:15.000 --> 00:08:18.120 call to action. Everybody that's pissed off at this verdict, 135 00:08:18.360 --> 00:08:21.680 I challenge you to go outside today and help one 136 00:08:21.720 --> 00:08:25.560 person right on. That's my challenge. 137 00:08:27.279 --> 00:08:34.840 Well, there were other statements that were a little more provocative, understandably, 138 00:08:34.960 --> 00:08:42.200 so I guess this is Jordan Neely's dad under a Zachary. 139 00:08:42.440 --> 00:08:45.440 I do nothing about the Neely family, but his son 140 00:08:45.639 --> 00:08:49.879 obviously was a person who was dealing with some serious issues, 141 00:08:50.519 --> 00:08:55.960 and I can understand how he feels, but I disagree 142 00:08:56.000 --> 00:08:58.200 with his conclusion Cut twenty one. 143 00:08:59.279 --> 00:09:03.360 I just want to say I missed my son. My 144 00:09:03.440 --> 00:09:06.240 son didn't have to go through this. I didn't have 145 00:09:06.279 --> 00:09:12.919 to go through this either. It hurts, really really hurts. 146 00:09:15.240 --> 00:09:16.080 What are we going to do? 147 00:09:16.159 --> 00:09:19.200 People? What's gonna happen to us? 148 00:09:19.240 --> 00:09:19.440 Now? 149 00:09:23.840 --> 00:09:31.759 I had enough of This system is rigged? Come on, people, 150 00:09:33.519 --> 00:09:40.759 the system is rigged. Alvin braggs the prosecutor in this case. 151 00:09:41.320 --> 00:09:44.399 Lettissa James is the attorney general. Of New York in 152 00:09:44.440 --> 00:09:48.480 this case, she did not have jurisdiction of the case. 153 00:09:48.600 --> 00:09:53.720 But I don't understand that belief. Now, last sound bit, 154 00:09:53.879 --> 00:09:55.679 and then we'll take a quick break and go to 155 00:09:55.720 --> 00:10:01.320 phone calls. Daniel Penny and his lawyers celebrated his acquittal 156 00:10:02.120 --> 00:10:05.679 understandably slow so because it's been a year and a 157 00:10:05.720 --> 00:10:10.000 half and this is this is a snippet of this 158 00:10:10.080 --> 00:10:14.600 celebration today. I guess it was around noontime. Cut number 159 00:10:14.600 --> 00:10:15.919 twenty three is that they're at the bar. 160 00:10:17.159 --> 00:10:18.000 Hey, how are you failing? 161 00:10:18.159 --> 00:10:18.320 Yeah? 162 00:10:18.600 --> 00:10:20.679 Great, Yeah, it's fairly good. 163 00:10:20.720 --> 00:10:21.279 It's fairly good. 164 00:10:21.279 --> 00:10:21.879 It's so good. 165 00:10:22.679 --> 00:10:28.320 What's up? We're cut together? How's it going? How's it feel? 166 00:10:28.759 --> 00:10:29.360 Its great? 167 00:10:29.440 --> 00:10:31.240 He's finally got the justice he's deserved. 168 00:10:32.559 --> 00:10:34.000 Well, did you think it was going to happen? 169 00:10:34.519 --> 00:10:34.799 Sorry? 170 00:10:36.759 --> 00:10:40.919 Uh no, we think that this is uh should have happened, 171 00:10:40.919 --> 00:10:44.200 probably on day one. But the point thing is it happened, 172 00:10:44.240 --> 00:10:47.879 so we can't control the timing of it, but you 173 00:10:47.879 --> 00:10:49.759 can certainly savor the outcome. 174 00:10:51.039 --> 00:10:53.759 I think some might see this as a George Floyd case. 175 00:10:53.960 --> 00:10:55.879 I do not see it that way. I'd love to 176 00:10:55.919 --> 00:11:01.480 know what your reaction is. Six A nine three one thirty. 177 00:11:01.519 --> 00:11:04.039 We can talk about this case, the Daniel Petty case, 178 00:11:04.679 --> 00:11:07.759 or we can talk about now the Luigi Mangione case. 179 00:11:08.159 --> 00:11:12.080 One man is acquitted, walk free and we'll walk free. 180 00:11:12.600 --> 00:11:12.840 Uh. 181 00:11:12.919 --> 00:11:17.200 The other arrested in Altoona, Pennsylvania. We'll probably see another 182 00:11:17.240 --> 00:11:21.879 day of freedom for his entire life. Two lives impacted 183 00:11:22.519 --> 00:11:26.879 in New York City. I think that both of them 184 00:11:26.879 --> 00:11:32.320 were unnecessary. But I think justice was done for Daniel Penny, 185 00:11:32.919 --> 00:11:36.799 and I hope justice will be done for Luigi MANGIONI. 186 00:11:37.159 --> 00:11:39.519 We'll be back on night Side. That's get some phone 187 00:11:39.519 --> 00:11:40.360 calls right after this. 188 00:11:41.720 --> 00:11:44.720 Now back to Dan ray Line from the Window World 189 00:11:44.840 --> 00:11:47.960 Nightside Studios on w b Z News Radio. 190 00:11:48.840 --> 00:11:51.559 It's go to call. It's gonna go to Robert in Wellesley. 191 00:11:51.639 --> 00:11:54.799 Robert appreciate you calling in. How are you tonight, sir? Oh? 192 00:11:55.240 --> 00:11:55.679 Pretty good? 193 00:11:55.759 --> 00:11:55.960 Dan? 194 00:11:56.879 --> 00:12:00.320 Really a loaded topic topic you have the saving. 195 00:12:00.039 --> 00:12:02.320 Well, it's an interesting topic because there's kind of two 196 00:12:02.440 --> 00:12:04.919 sides of the same coin. I mean, in the one hand, 197 00:12:05.480 --> 00:12:09.279 you have a guy who clearly fires a guy in 198 00:12:09.320 --> 00:12:12.320 his back, I mean, cold blooded murder. And then in 199 00:12:12.360 --> 00:12:15.320 this other situation that this guy who decides to act. 200 00:12:15.919 --> 00:12:18.639 Let's assume I mean, you're on the subway and this happens. 201 00:12:19.960 --> 00:12:23.720 What do you just sit there and let somebody you 202 00:12:23.759 --> 00:12:26.480 know attack someone else. I mean, it's this guy's an 203 00:12:26.480 --> 00:12:29.440 ex marine, he's twenty four years old. Yeah, he's in 204 00:12:29.519 --> 00:12:33.279 physical condition to take control of the situation and the 205 00:12:33.399 --> 00:12:36.360 ends up facing facing a homicide trial. 206 00:12:37.200 --> 00:12:39.399 Yes, I agree here, And. 207 00:12:39.559 --> 00:12:43.799 I'm curious about your opinion as a as an attorney 208 00:12:47.120 --> 00:12:53.000 for in future instances, could you suggest a useful procedure 209 00:12:53.080 --> 00:12:57.360 to go through to make a citizens arrest, because that's 210 00:12:57.960 --> 00:13:01.399 I think that the ex marine had good qualifications by 211 00:13:01.840 --> 00:13:04.679 had good credentials as being a marine, because as you know, 212 00:13:05.440 --> 00:13:10.200 the Navy automatically uses marines as part of its security force, 213 00:13:10.279 --> 00:13:13.080 and he did use the wrestling hold as opposed to 214 00:13:13.080 --> 00:13:17.039 a strike. I'm just wondering if you have an opinion 215 00:13:17.480 --> 00:13:21.120 as to what could have been done to make it 216 00:13:21.200 --> 00:13:23.679 clearer that I think he was effectively was making a 217 00:13:23.679 --> 00:13:25.440 citizen's arrest. Would you agree with that? 218 00:13:26.399 --> 00:13:28.639 Well, he was. I don't know if he was making 219 00:13:28.679 --> 00:13:30.799 a citizens arrest. I think he was trying to prevent 220 00:13:31.399 --> 00:13:36.159 a bad situation from getting into a horrific situation there. 221 00:13:36.159 --> 00:13:39.440 Apparently he was a mother there with a baby stroll 222 00:13:39.559 --> 00:13:42.799 or a typical you know, New York subway riders. And 223 00:13:43.320 --> 00:13:47.960 it's easy for people who have never rode on a 224 00:13:48.000 --> 00:13:50.639 subway system to think, well, you know, you have to 225 00:13:50.639 --> 00:13:52.879 put up with that stuff if you're on a subway system. 226 00:13:53.000 --> 00:13:56.399 It's funny. I you know, as kids, I remember watching 227 00:13:57.720 --> 00:14:00.799 Don k Notts or whatever, you know, and Andy Griffin 228 00:14:00.879 --> 00:14:03.120 and citizens arrest and stuff like that. I don't even 229 00:14:03.120 --> 00:14:06.080 know what a citizens arrest means. I mean, I think 230 00:14:06.399 --> 00:14:11.399 that he was basically trying to stabilize the situation. Uh 231 00:14:11.440 --> 00:14:15.440 so that people on that you know, you're you're you're 232 00:14:15.559 --> 00:14:19.039 you're trapped, You're you're a subway car. You have nowhere 233 00:14:19.080 --> 00:14:22.440 to go. You know, you maybe just hoping to get 234 00:14:22.440 --> 00:14:24.720 to the next stop and get off. But this guy 235 00:14:24.759 --> 00:14:27.919 gets on and he's really invective at a lot of people, 236 00:14:27.919 --> 00:14:29.720 and he's telling him I'm ready to die, and I'm 237 00:14:29.759 --> 00:14:32.559 ready to go to prison for life. I'm going to 238 00:14:32.639 --> 00:14:34.840 kill you. I mean, what else does he have to 239 00:14:34.879 --> 00:14:39.519 do to to get someone's attention. You know, we all 240 00:14:39.559 --> 00:14:42.039 could be in that situation. I can't I commend Petty 241 00:14:42.080 --> 00:14:43.639 for doing what he did. To be honest with you, 242 00:14:43.799 --> 00:14:46.639 and maybe people were going to say, well, it's it's 243 00:14:46.720 --> 00:14:50.440 horrible that, uh, that that mister Neely lost his life. 244 00:14:50.519 --> 00:14:53.279 It is horrible, But this is not the same situation 245 00:14:53.360 --> 00:14:57.039 as that Derek Chouvin George Floyd situation in Minneapolis, which 246 00:14:57.080 --> 00:14:59.240 people have tried to make it out to be. He 247 00:14:59.320 --> 00:15:03.399 was acting sa as a citizen, trying to protect others 248 00:15:03.399 --> 00:15:06.080 who were probably more vulnerable than he. I'm sure if 249 00:15:06.080 --> 00:15:08.159 it was a straight out fight, he could have dealt 250 00:15:08.159 --> 00:15:10.879 with Neely in whatever way he needed to, because Deelis 251 00:15:11.240 --> 00:15:15.360 Neely is under the influence of something. But again, everybody 252 00:15:15.399 --> 00:15:19.279 tries to politicize Alvin Bragg the prosecutor. You know, I 253 00:15:19.600 --> 00:15:22.279 can't wait till New York voters turn him out of office. 254 00:15:22.399 --> 00:15:27.399 I mean, he's he's he He wanted to prosecute the 255 00:15:27.759 --> 00:15:32.320 little guy at the bodego who defended himself and killed 256 00:15:32.679 --> 00:15:36.039 killed a robber. It's like he wants to defend the 257 00:15:36.080 --> 00:15:39.200 guilty and prosecute the innocent. That that's his that's his 258 00:15:40.759 --> 00:15:44.200 practice as a district attorney. 259 00:15:44.279 --> 00:15:47.919 I think I wonder, well, yeah, thank you for your opinion. 260 00:15:47.960 --> 00:15:53.039 And I also wonder if before putting the chokehold on 261 00:15:53.799 --> 00:15:56.480 if he could have. He might have had the training 262 00:15:56.559 --> 00:15:59.919 to do what something I can't think of a charm, 263 00:16:00.279 --> 00:16:05.919 something like an intercession or intervention. And then if the if, if, 264 00:16:06.080 --> 00:16:10.159 if the aggressor had made the mistake of winding a 265 00:16:10.200 --> 00:16:13.360 blow which the marine could easily have defended, then that 266 00:16:13.360 --> 00:16:15.559 would wouldn't that be a matter of assault and battery 267 00:16:15.600 --> 00:16:17.840 and they could have acted on that procedure. What would 268 00:16:17.840 --> 00:16:18.960 your opinion be on that? 269 00:16:19.480 --> 00:16:21.440 Well, you have a right to defend yourself, but you 270 00:16:21.480 --> 00:16:23.639 also have a right to defend others. I mean, if 271 00:16:23.720 --> 00:16:27.399 if somebody you know is walking down the street. There's 272 00:16:27.440 --> 00:16:30.200 the old story, you know that this kind of a 273 00:16:30.200 --> 00:16:32.360 little bit of a joke that said, well, well I 274 00:16:32.440 --> 00:16:36.240 was I was watching and there were eight guys, young guys, 275 00:16:36.399 --> 00:16:39.559 pretty tough guys, who were beating up a couple of nuns, 276 00:16:40.639 --> 00:16:43.960 and the police guys says, well, why do you do something? 277 00:16:43.960 --> 00:16:45.600 He said, Well, I didn't know who started the fight, 278 00:16:46.399 --> 00:16:50.360 you know. I mean he did intuitively, which I think 279 00:16:50.480 --> 00:16:54.120 most people who physically had the capacity to do that 280 00:16:54.240 --> 00:16:56.679 would have done it. I mean maybe he could have 281 00:16:56.759 --> 00:16:59.519 tried to reason with the guy, but maybe he felt 282 00:16:59.519 --> 00:17:01.399 that this guy I was so whacked out he couldn't 283 00:17:01.440 --> 00:17:03.879 reason with him, and maybe he figured the easiest thing 284 00:17:03.879 --> 00:17:06.400 to do is to take him down, immobilize him, and 285 00:17:06.440 --> 00:17:08.319 wait for the train to get to the next station. 286 00:17:08.440 --> 00:17:10.720 I'm not going to second guess him and that set 287 00:17:10.799 --> 00:17:13.480 of circumstances. I listened to him, you heard his sound bites. 288 00:17:13.880 --> 00:17:16.079 He sounded to me to be a pretty rational guy. 289 00:17:16.119 --> 00:17:18.359 I don't think he got on that train looking to 290 00:17:18.599 --> 00:17:22.559 end up being indicted for in a homicide case. He 291 00:17:22.680 --> 00:17:24.559 was trying to do the right thing. And what did 292 00:17:24.559 --> 00:17:26.960 they say, no good de goos unpunished. 293 00:17:27.440 --> 00:17:31.680 Yes, of course. 294 00:17:31.440 --> 00:17:33.640 It should be the case. We live in a society 295 00:17:33.720 --> 00:17:35.960 now where we're told, well, don't do this, don't do that. 296 00:17:36.599 --> 00:17:40.119 You know there, you know there were times when all 297 00:17:40.119 --> 00:17:42.240 of a sudden, you're presented with a situation where you 298 00:17:42.319 --> 00:17:46.839 got to do something to help someone, and you know, 299 00:17:47.200 --> 00:17:50.000 if you're going to sit there and be quiet. I 300 00:17:50.240 --> 00:17:53.960 know I'm no hero, but I once used the Heimich 301 00:17:54.160 --> 00:17:57.680 maneuver on a guy who was choking in a restaurant. 302 00:17:57.720 --> 00:18:01.440 This is go this forty years ago, uh, And it 303 00:18:01.519 --> 00:18:05.160 took me three tries with the Heimach maneuver to get 304 00:18:05.200 --> 00:18:07.759 the guy to pop out the piece of chicken that 305 00:18:07.960 --> 00:18:14.200 was that had had occluded his his windpipe, and nobody 306 00:18:14.240 --> 00:18:16.160 else in that restaurant moved. As a matter of fact, 307 00:18:16.160 --> 00:18:18.519 the moment the guy got up and started to hold 308 00:18:18.559 --> 00:18:21.119 his throat and you could tell he couldn't make a noise, 309 00:18:21.920 --> 00:18:25.680 the place went deadly silent. Now I could have sat 310 00:18:25.720 --> 00:18:27.480 there and said, I'm not getting involved in this. I 311 00:18:27.519 --> 00:18:29.680 don't know the guy. That's not what you're supposed to 312 00:18:29.680 --> 00:18:32.279 do as a human being, in my opinion, but hey, 313 00:18:33.000 --> 00:18:33.799 call me crazy. 314 00:18:34.920 --> 00:18:36.880 Good case in point, I. 315 00:18:36.799 --> 00:18:39.000 Wish if I had been on that subway train, I 316 00:18:39.079 --> 00:18:41.960 wish I would have had the same courage and capacity 317 00:18:43.000 --> 00:18:45.319 that that that Daniel Penny had. 318 00:18:46.079 --> 00:18:49.720 I hope his attorney, his defense attorney or draw out 319 00:18:49.799 --> 00:18:53.839 the fact it appears that he was placing himself between 320 00:18:54.240 --> 00:18:56.480 the aggressor and the other people that were on the 321 00:18:56.599 --> 00:18:57.720 on the train. 322 00:18:57.759 --> 00:19:01.119 No question, because once he takes the guy down offense, well, 323 00:19:01.119 --> 00:19:03.920 once he takes the guy down, the guy's attention and 324 00:19:03.960 --> 00:19:05.400 he doesn't know if the guy hasn't knie, if he 325 00:19:05.400 --> 00:19:07.960 doesn't know that whatever, you know, he puts himself in 326 00:19:08.039 --> 00:19:11.240 some foam of in some potential danger there. I'm sure 327 00:19:11.240 --> 00:19:13.880 he was watching the guy's hands and where they were 328 00:19:14.279 --> 00:19:16.079 and all of that. But I think the guy was 329 00:19:16.079 --> 00:19:18.519 a hero, simple as that. And if you did, if 330 00:19:18.519 --> 00:19:20.079 they disagreed, feel free to bring it on. 331 00:19:20.440 --> 00:19:23.160 Thank you, Robert, Thank you for you, thank you, bye bye, 332 00:19:23.160 --> 00:19:23.519 you much. 333 00:19:23.720 --> 00:19:26.559 All right, take quick break here. Uh, let's light these 334 00:19:26.599 --> 00:19:28.279 lines up. This is too good a topic to let 335 00:19:28.359 --> 00:19:31.279 it go to waste. Folks have some courage, uh. He 336 00:19:31.599 --> 00:19:34.440 Daniel Penny had the backbone to act. You should have 337 00:19:34.480 --> 00:19:36.319 the courage to call. And if you disagree with me 338 00:19:36.359 --> 00:19:40.480 and want to tell me that that that that that 339 00:19:40.480 --> 00:19:43.839 that Penny Uh should have just sat there and shut 340 00:19:43.920 --> 00:19:45.799 up and allowed this guy to do whatever he wanted 341 00:19:45.839 --> 00:19:47.640 to do and scare the hell out of people. That's 342 00:19:47.640 --> 00:19:50.279 fine too. Love there you make that argument back on 343 00:19:50.400 --> 00:19:52.359 Night's Side, right after the news at the bottom of 344 00:19:52.400 --> 00:19:56.359 the hour, It's. 345 00:19:56.319 --> 00:20:00.720 Night Side, Foston's News Radio. 346 00:20:01.680 --> 00:20:03.960 All of a sudden, we have full line. So let's 347 00:20:04.000 --> 00:20:06.480 go to Mike and Beverly first. Mike next on Nightside. 348 00:20:06.519 --> 00:20:08.440 Gotta be quick for me. Mike and I got a 349 00:20:08.480 --> 00:20:09.559 bunch of callers tonight. 350 00:20:09.599 --> 00:20:13.880 Go ahead, Mike, good Indian, how I am gonna get 351 00:20:15.640 --> 00:20:19.400 Dan Perry Perry case grows you know that's she never 352 00:20:19.400 --> 00:20:22.759 been brought before. Actually I find you know, he was 353 00:20:22.799 --> 00:20:27.000 definitely innocent. And then we took Alvin Bryant ten days 354 00:20:27.039 --> 00:20:32.359 I believe to finally uh go after uh after I'm 355 00:20:32.559 --> 00:20:36.079 from political pressure on the outside, that meaning why he 356 00:20:36.200 --> 00:20:38.319 did that, you know, and that way. 357 00:20:39.680 --> 00:20:42.119 We got a bad connection. Here, Mike, are you breathing 358 00:20:42.200 --> 00:20:44.599 into the phone or is there someone standing next to 359 00:20:44.599 --> 00:20:45.960 you breathing into the phone? 360 00:20:46.839 --> 00:20:49.799 No, I'm on, uh, I'm in my mike here. 361 00:20:49.880 --> 00:20:51.480 Yeah, I don't know. It was just I was hearing 362 00:20:51.480 --> 00:20:54.400 like some heavy breathing there. Yeah. The guy's name is 363 00:20:54.519 --> 00:20:58.039 Daniel Kenny. Yeah, and I agree with you. It was 364 00:20:58.359 --> 00:21:01.960 very much a political prosecution. It took ten days for 365 00:21:02.079 --> 00:21:06.319 Alvin Bragg to get really interested in the case. But 366 00:21:06.559 --> 00:21:10.480 that's that's Alvin Bragg's style. He doesn't look at issues 367 00:21:10.759 --> 00:21:13.680 from a legal point of view, from a prosecutorial point 368 00:21:13.720 --> 00:21:18.400 of view. He looks upon these these situations in the 369 00:21:18.440 --> 00:21:21.960 context of politics, and sadly, he looks at it, I 370 00:21:22.000 --> 00:21:25.440 think from a racial point of view, which is what 371 00:21:25.799 --> 00:21:29.599 every bad prosecutor the history of this country has done. 372 00:21:29.839 --> 00:21:33.240 Back in the day of the of the South, the 373 00:21:33.279 --> 00:21:36.720 white prosecutors used to prosecute black men for crimes. They 374 00:21:36.759 --> 00:21:39.880 would not prosecute white men, for they looked at it 375 00:21:40.039 --> 00:21:43.519 from a racist point of view. And Alvin Bragg is 376 00:21:43.559 --> 00:21:49.039 the is the successor, the philosophical successor to the to 377 00:21:49.119 --> 00:21:52.559 the racist prosecutors of the Deep South of the early 378 00:21:52.599 --> 00:21:53.519 twentieth century. 379 00:21:54.319 --> 00:21:56.880 The guy was alive when the police showed up, so 380 00:21:56.920 --> 00:21:59.400 he didn't kill him. You know, the guy was alive, 381 00:21:59.480 --> 00:22:02.880 he was on and now yeah. 382 00:22:02.839 --> 00:22:05.039 Well again, we know how the case came out. So 383 00:22:05.119 --> 00:22:05.880 it came out. 384 00:22:06.240 --> 00:22:07.119 At the end of the day. 385 00:22:07.119 --> 00:22:09.720 He got he got the acquittal. But it's time for 386 00:22:09.799 --> 00:22:11.799 people in New York to say, hey, look, we want 387 00:22:11.799 --> 00:22:15.279 prosecutors who will treat everybody equally before the law, and 388 00:22:15.319 --> 00:22:18.440 we're not gonna go after some guy because he happens 389 00:22:18.480 --> 00:22:22.880 to be white or black, depending upon the bias of 390 00:22:22.960 --> 00:22:23.680 the prosecutor. 391 00:22:23.799 --> 00:22:26.000 Just I just don't know why they get to pull 392 00:22:26.039 --> 00:22:29.200 the race guard with this situation, because there's a nott 393 00:22:29.240 --> 00:22:31.880 and do with the race guard, you know, and why 394 00:22:31.920 --> 00:22:33.960 I have to go that way, because I've had that 395 00:22:34.039 --> 00:22:36.119 done on myself. But I'm going to do it now 396 00:22:36.319 --> 00:22:37.960 and then so all. 397 00:22:37.960 --> 00:22:39.400 Right, thanks Mike, appreciate your call. 398 00:22:39.599 --> 00:22:41.240 Thanks, good night, good night. 399 00:22:41.319 --> 00:22:42.799 Let me go to Geene and met for Gene next 400 00:22:42.839 --> 00:22:48.599 on nights. I go right ahead, Okay, let's put Gina 401 00:22:48.640 --> 00:22:50.440