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Man charged in NYC subway chokehold death set to stand trial

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NEW YORK (AP) — To some New Yorkers, he’s the white vigilante who choked an innocent Black man to death on the subway. To others, he’s the U.S. Marine Corps veteran whose attempt to subdue a mentally ill man ended in tragedy.

A Manhattan jury will soon have its say on Daniel Penny, who is charged with manslaughter for placing Jordan Neely in a fatal chokehold on May 1, 2023. Jury selection in Penny’s trial begins Monday.

The court proceedings, which are expected to last six weeks, will shed light on a killing that was a flashpoint in the nation’s debate over racial injustice and crime.

Neely’s death also divided a city grappling with what to do about people experiencing mental health crises in a transit system where some subway straphangers still don’t feel safe, despite a drop in violent crime rates.

“There is simply no reason for Jordan Neeley to be dead today,” David Giffen, executive director of the Coalition for the Homeless, told The Associated Press on Wednesday. “So many systems failed Jordan and contributed to his death.”

Penny, 25, has been free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.

Witnesses said Neely — a 30-year-old former Michael Jackson street impersonator struggling with drug addiction, mental illness and homelessness — had been shouting, throwing things and acting erratically on a subway train in Manhattan when Penny approached him.

With the help of two other passengers, Penny pinned Neely to the ground and placed him in a chokehold for more than three minutes until Neely’s body went limp and he lost consciousness. The medical examiner’s office ruled the death a homicide caused by compression of the neck.

The encounter sparked nearly two weeks of protests before Manhattan District Attorney Alvin Bragg’s office brought an indictment.

Meanwhile, millions of dollars in donations poured in from across the country to help Penny cover his legal costs, including from prominent conservative personalities and Republican candidates for president.

Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive, as he was concerned for the safety of others.

“If Danny is convicted, his conviction will have a chilling effect on every New Yorker’s right and duty to stand up for each other,” Penny’s lawyer Steven Raiser said Wednesday. “Our sincerest hope is that New Yorkers selected for this jury will stand up for Danny just like Danny stood up for them back on that train over a year ago today.”

Penny, who served four years in the Marines before being discharged in 2021, claimed that Neely shouted “I’m gonna’ kill you” and that he was “ready to die” or go to jail for life.

But Neely’s family and supporters have said he was simply crying out for help. They said his mental health deteriorated after his mother’s body was found stuffed in a suitcase in the Bronx and he testified at her boyfriend’s murder trial.

Some witnesses, including a freelance journalist who captured video of some of the altercation, also said Neely had been acting aggressively and frightening people but hadn’t attacked anyone before Penny pulled him to the floor.

Neely’s surviving family members say they’ve been anticipating this moment and intend to attend the trial.

“I just want to look into his face and wonder why he would do something like that,” said Mildred Mahazu, Neely’s 85-year-old aunt and primary caretaker after his mother died. “Jordan was somebody’s child. He was loved by his family.”

Neely’s uncle, Christopher Neely, agreed.

“Justice for Jordan is all we think about,” the 45-year-old Manhattan resident said. “We can’t let Jordan’s name be added to the list of Black people killed by a racist white person with no justice.”

Prosecutors argued in court filings that Penny’s actions were unwarranted, reckless and negligent, even if he didn’t have the intention to kill.

They’ve focused on recorded statements Penny made to police in which he describes Neely as a “crackhead,” touts his armed forces experience and demonstrates to officers the submission technique he used.

“I just put him out. I just put him in a chokehold,” Penny said, according to a transcript of the recordings included in court filings. “He was threatening everybody.”

“I’m not trying to kill the guy,” Penny said at another point to police. “I’m just trying to deescalate the situation.”

Bragg’s office declined to comment beyond what its said in court filings. Prosecutors, in pretrial hearings, sought to exclude evidence about Neely’s medical and psychological history, including his record of substance abuse. The judge hadn’t released his ruling on that request as of Friday.

Raiser said Penny’s defense will offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 that were identified in toxicology reports.

They’ll also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him, he said.

“If he was applying that kind of pressure, Mr. Neely would have been rendered unconscious long before the video, circulating online, ever started,” Raiser said.

In January, Penny’s lawyers lost their bid to have the case dismissed outright. Then earlier this month, Judge Maxwell Wiley rejected their request to prevent jurors from hearing Penny’s statements to police, as well as body camera footage from officers who initially responded.

Penny’s attorneys argued that police should have read Penny his Miranda rights sooner and that his questioning at the police station amounted to an illegal arrest.

But Wiley, in a written ruling, determined that Penny’s statements were admissible. The judge said Penny had waived his rights against self-incrimination in the interrogation room and willingly spoke to officers without a lawyer present.

As for Christopher Neely, he hopes what’s not lost in the trial is the memory of his late nephew.

“I want people to remember his strengths and his conquests to greatness and his conquering of fears,” he wrote. “I want people to remember that mental health is a serious issue and that it needs tenderness, not spontaneous rage. Most importantly, I want people to know that Jordan Neely was supremely loved and still is.”

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Follow Philip Marcelo at twitter.com/philmarcelo.



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Indonesia swears in Prabowo Subianto as the country’s eighth president

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JAKARTA, Indonesia (AP) — Prabowo Subianto was inaugurated Sunday as the eighth president of the world’s most populous Muslim-majority nation, completing his journey from an ex-general accused of rights abuses during the dark days of Indonesia’s military dictatorship to the presidential palace.

The former defense minister, who turned 73 on Thursday, was cheered through the streets by thousands of waving supporters after taking his oath on the Quran, the Muslim holy book, in front of lawmakers and foreign dignitaries. Banners and billboards to welcome the new president filled the streets of the capital, Jakarta, where tens of thousands gathered for festivities including speeches and musical performances along the city’s major throughfare.

Subianto was a longtime rival of the immensely popular President Joko Widodo, who ran against him for the presidency twice and refused to accept his defeat on both occasions, in 2014 and 2019.

But Widodo appointed Subianto as defense chief after his reelection, paving the way for an alliance despite their rival political parties. During the campaign, Subianto ran as the popular outgoing president’s heir, vowing to continue signature policies like the construction of a multibillion-dollar new capital city and limits on exporting raw materials intended to boost domestic industry.

Backed by Widodo, Subianto swept to a landslide victory in February’s direct presidential election on promises of policy continuity.

Subianto was sworn in with his new vice president, 37-year-old Surakarta ex-Mayor Gibran Rakabuming Raka. He chose Raka, who is Widodo’s son, as his running mate, with Widodo favoring Subianto over the candidate of his own former party. The former rivals became tacit allies, even though Indonesian presidents don’t typically endorse candidates.

But how he’ll govern the biggest economy in Southeast Asia — where nearly 90% of Indonesia’s 282 million people are Muslims — remains uncertain after a campaign in which he made few concrete promises besides continuity with the popular former president.

Subianto, who comes from one of the country’s wealthiest families, is a sharp contrast to Widodo, the first Indonesian president to emerge from outside the political and military elite who came from a humble background and as president often mingled with working-class crowds.

Subianto was a special forces commander until he was expelled by the army in 1998 over accusations that he played a role in the kidnappings and torture of activists and other abuses. He never faced trial and went into self-imposed exile in Jordan in 1998, although several of his underlings were tried and convicted.

Jordanian King Abdullah II bin Al-Hussein was expected to attend Sunday’s ceremony, but canceled at the last minute because of escalating Middle East tensions, instead deciding to send Foreign Affairs Minister Nancy Namrouqa as his special envoy. Subianto and Abdullah met in person in June for talks in Amman on humanitarian assistance to people affected by the war in Gaza.

Subianto, who has never held elective office, will lead a massive, diverse archipelago nation whose economy has boomed amid strong global demand for its natural resources. But he’ll have to contend with global economic distress and regional tensions in Asia, where territorial conflicts and the United States-China rivalry loom large.

Leaders and senior officials from more than 30 countries flew in to attend the ceremony, including Chinese Vice President Han Zheng and leaders of Southeast Asia countries. U.S. President Joe Biden sent Linda Thomas-Greenfield, the U.S. ambassador to the United Nations. Adm. Samuel Paparo, the U.S. Commander of the Indo-Pacific Command, was also among the American delegation.

Army troops and police, along with armored vehicles, fire trucks and ambulances, were deployed across the capital, and major roads were closed to secure the swearing-in.

The election outcome capped a long comeback for Subianto, who was banned for years from traveling to the United States and Australia.

He has vowed to continue Widodo’s modernization efforts, which have boosted Indonesia’s economic growth by building infrastructure and leveraging the country’s abundant resources. A signature policy required nickel, a major Indonesian export and a key component of electric car batteries, to be processed in local factories rather than exported raw.

He has also promised to push through Widodo’s most ambitious and controversial project: the construction of a new capital on Borneo, about 2,000 kilometers (1,240 miles) away from congested Jakarta.

Before February’s presidential election, he also promised to provide free school lunches and milk to 78.5 million students at more than 400,000 schools across the country, aiming to reduce malnutrition and stunted growth among children.

Indonesia is a bastion of democracy in Southeast Asia, a diverse and economically bustling region of authoritarian governments, police states and nascent democracies. After decades of dictatorship under President Suharto, the country was convulsed by political, ethnic and religious unrest in the late 1990s and early 2000s. Since then, it has consolidated its democratic transition as the world’s third-largest democracy, and is home to a rapidly expanding middle class.

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Associated Press journalists Edna Tarigan and Andi Jatmiko contributed to this report.

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Voters in Arizona and Nebraska will face competing ballot measures. What happens if they both pass?

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Voters in Nebraska and Arizona will see competing measures on their November ballots — in one case about abortion, in the other about primary elections. If voters approve them all, what happens next could be up to the courts to decide.

Like more than a dozen other states, Arizona and Nebraska have constitutions stating that if two or more conflicting ballot measures are approved at the same election, the measure receiving the most affirmative votes prevails.

That sounds simple. But it’s actually a bit more complicated.

That’s because the Arizona and Nebraska constitutions apply the most-votes rule to the specifically conflicting provisions within each measure — opening the door to legal challenges in which a court must decide which provisions conflict and whether some parts of each measure can take effect.

The scenario may may sound odd. But it’s not unheard of.

Conflicting ballot measures “arise frequently enough, and the highest-vote rule is applied frequently enough that it merits some consideration,” said Michael Gilbert, vice dean of the University of Virginia School of Law, who analyzed conflicting ballot measures as a graduate student two decades ago when his curiosity was peaked by competing measures in California.

What’s going on in Nebraska?

After the U.S. Supreme Court overturned a nationwide right to abortion, Nebraska enacted a law last year prohibiting abortion starting at 12 weeks of pregnancy except in medical emergencies or when pregnancy results from sexual assault or incest.

Abortion-rights supporters gathered initiative signatures for a proposed constitutional amendment that would create “a fundamental right to abortion until fetal viability, or when needed to protect the life or health” of a pregnant woman, without interference from the state. Fetal viability generally is considered to be some time after 20 weeks. The amendment is similar to abortion-rights measures going before voters in eight other states.

Abortion opponents, meanwhile, pursued their own initiative to essentially enshrine the current law into the constitution. That measure would prohibit abortion in the second and third trimesters, except in medical emergencies or pregnancies resulting from sexual assault or incent.

The Nebraska Constitution says the winning measure with the most votes shall become law “as to all conflicting provisions.” State law says the governor shall proclaim which provision is paramount. Lawsuits could follow.

If the measure creating a right to abortion until fetal viability gets the most votes, it could be construed as fully conflicting with the restrictive measure and thus prevail in its entirety, said Brandon Johnson, an assistant law professor at the University of Nebraska.

But if the restrictive measure gets the most votes, a court could determine it conflicts with the abortion-rights measure only in the second and third trimesters, Johnson said. That could create a scenario where abortion is elevated as a fundamental right during the first trimester but restricted in the second and third.

“There’s a decent legal argument, based on the language that talks about conflicting provisions of the measures, that you can synchronize the two,” Johnson said.

What’s going on in Arizona?

Arizona, like most states, currently uses partisan primaries to choose candidates for the general election.

The Republican-led Legislature, on a party-line vote, placed an amendment on the November ballot that would enshrine partisan primaries in the state constitution, reaffirming that each party can advance a candidate for each office to the general election.

A citizens initiative seeks to change the current election method. It would create open primaries in which candidates of all parties appear on the same ballot, with multiple candidates advancing to the general election. It would be up to lawmakers or the secretary of state to enact requirements for exactly how many should advance. If at least three make it to a general election, then ranked choice voting would be used to determine the winner of the general election.

The Arizona Constitution says the winning ballot measure with the most votes shall prevail “in all particulars as to which there is conflict.”

In the past, the Arizona Supreme Court has cited that provision to merge parts of competing measures. For example, in 1992, voters approved two amendments dealing with the state mine inspector. One measure extended the term of office from two to four years. The other measure, which got more votes, limited the mine inspector to serving four, two-year terms.

In a case decided 10 years later, the Supreme Court said parts of both measures should take effect, ruling the mine inspector could serve four, four-year terms. That could have implications for Arizona’s future elections if voters approve both competing measures on this year’s ballot.

“The court really goes out of its way to harmonize the two,” said Joseph Kanefield, an attorney and former state election director who teaches election law at the University of Arizona. Striking one measure entirely “is something that the court will try to avoid unless they absolutely determine the two cannot exist together.”

What’s happened in other states?

When Gilbert’s curiosity was peaked about conflicting ballot proposals, he teamed up with a fellow graduate student at the University of California, Berkeley, to examine 56 instances of competing ballot measures in eight states between 1980 and 2006. In some cases, the measures appeared to directly conflict. In others, the measures merely addressed similar topics.

Their research found that the measure getting the most affirmative votes often was the one that made the least change from the status quo.

But sometimes, the highest-vote rule never comes into play, because voters approve one measure while rejecting the other. Or voters defeat both measures.

In 2022, California voters were presented with two rival proposals to legalize sports betting. Interest groups spent roughly $450 million promoting or bashing the proposals, a national record for ballot measures. But both were overwhelmingly defeated.

In 2018, Missouri voters faced three different citizen-initiated proposals to legalize medical marijuana. Voters approved one and rejected two others.

“It is not unusual to have conflicting measures,” said John Matsusaka, executive director of the Initiative and Referendum Institute at the University of Southern California. “But my observation is that voters usually understand the game and approve one and turn down the other.”

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From showgirl feathers to shimmering chandeliers, casino kitsch finds new life

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LAS VEGAS (AP) — Crystal chandeliers that once glimmered above a swanky lounge, bright blue costume feathers that cloaked shimmying showgirls, and fake palm trees that evoked a desert oasis are just some the artifacts making their way from the latest casino graveyards of Las Vegas into Sin City history.

The kitsch comes from the Tropicana, which was demolished in a spectacular implosion Oct. 9 to make room for a new baseball stadium; and from The Mirage, the Strip’s first megaresort, which dealt its last cards in July and is set to reopen as a new casino nearly 40 years after it originally debuted.

As the neon lights dimmed and the final chips were cashed in, a different kind of spectacle unfolded behind the casino doors. Millions of items big and small were meticulously sorted and sold, donated and discarded.

“You take this hotel-casino and you turn it upside down, shake everything out of it until it’s empty,” said Frank Long, whose family business, International Content Liquidations, led the effort to unload the Tropicana’s merchandise before its implosion.

Long, 70, a third-generation auctioneer, likes to say he’s in the business of “going, going, gone.” He jokes that his Ohio home is “decorated in early hotel,” having helped clear out dozens of them as well as casinos across the country. In Las Vegas, that includes the Dunes, Aladdin and Landmark.

“Vegas buyers are special,” Long said. “This is their community, and they want a piece of it.”

Trolling for a piece of history

On a hot day in June, two months after the Tropicana shut its doors, Long welcomed buyers onto the casino floor.

The whirring slot machines were long gone, transferred to other casinos. In their place sat an odd collection of things: desks and chairs, rattan night stands, table lamps, pillows and sofas. Piled high in what was once the high-limit gambling room were mattresses and box springs. Small crystal chandeliers going for $1,000 hung suspended from old luggage carts.

“Fill up your entire truck for 100 bucks,” Long told shoppers, grinning.

Buyers of all ages filled wagons and luggage carts with arm chairs priced at $25, mirrors at $6, floor lamps at $28. Behind red velvet ropes where guests used to check in, customers waiting to pay stood in line with 43-inch flatscreen televisions. One man hugged a mattress and box spring, trying to keep them from toppling over.

In the Tropicana’s vast conference hall, piles of large vintage spotlights labeled “FOLIES” sat in waist-high bins marked for donation. They were off-limits to buyers, destined for the Las Vegas Showgirl Museum.

The Tropicana was home to the city’s longest-running show, “Folies Bergere,” a topless revue imported from Paris. Its nearly 50-year run helped make the feathered showgirl one of the most recognizable Las Vegas icons.

Elvis’ image among the forgotten treasures

One of Long’s favorite parts about the job is sifting through forgotten corners of casinos.

Inside the Tropicana, his team rescued black-and-white photographs of stars who wined, dined and headlined there. His favorite was a candid photo of Elvis Presley found in an unused office.

In its heyday, the casino played host to A-list stars including Elizabeth Taylor and Debbie Reynolds, Frank Sinatra and Sammy Davis Jr.

Long said his people have fun with the job, too. The tedium of collecting several thousand pillows from the Tropicana’s two hotel towers turned into “the world’s biggest pillow fight.”

When Sarah Quigley learned the Tropicana was closing, she knew she needed to act fast if she wanted some of the casino’s historical records for the Special Collections and Archives at the University of Nevada, Las Vegas.

Quigley, director of the special collections, wasn’t the first to call.

But after a meeting with the Tropicana’s management team, UNLV’s special collections acquired five boxes of records from 1956 to 2024, including vintage 1970s ads for the Tropicana’s showroom, old restaurant menus, architectural blueprints and original film reels of the dancing “Folies” showgirls rehearsing in the mid-1970s.

Salvaging the neon Vegas is famed for

The Neon Museum, which rescues iconic Las Vegas signs, got the Tropicana’s red one and The Mirage’s original archway that welcomed guests for 35 years. In a herculean effort, the 30-foot sign was placed on a flatbed truck in August. A chunk of the Strip closed so the piece could be slowly driven to its new home at the museum.

The Mirage opened with a Polynesian theme in 1989, spurring a building boom on the Strip that stretched through the 1990s. Its volcano fountain was one of the first sidewalk attractions, and tourists flocked to the casino to see Cirque du Soleil set to The Beatles or Siegfried and Roy taming white tigers.

In just a few years, the Strip’s skyline will look different. The Mirage will become the Hard Rock Las Vegas in 2027, with a hotel tower shaped like a guitar. The following year, the new baseball stadium is expected to open on the former site of the Tropicana.

While the last of the Tropicana’s buildings came tumbling down in 22 seconds, pieces of the Las Vegas landmark have found a new life in nearby museums, curated collections and homes.

“There’s history here,” said Aaron Berger, executive director of the Neon Museum. “You just have to look past the glitter to find it.”

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Associated Press video journalist Ty O’Neil in Las Vegas contributed to this report.

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