Prosecutors are attempting to ban testimony about Jordan Neely’s psychiatric history and his alleged chronic abuse of the drug K2, at Daniel Penny’s upcoming manslaughter trial. Penny’s defense attorneys want forensic psychiatrist Dr. Alexander Bardey to testify about Neely’s past drug use during the trial next month. Prosecutors argue that this testimony and records would only serve to smear Neely’s reputation before the jury. However, Penny’s attorney, Thomas Kenniff, insists that introducing these details is crucial for understanding Neely’s behavior at the time of the incident. The defense claims that Neely was likely under the influence of K2 and experiencing a psychotic episode during his fatal encounter with Penny on a Manhattan train in May 2023.