NEW YORK -- NEW YORK (AP) — Daniel Penny chose not to testify and defense lawyers rested their case Friday at his trial in the death of an agitated man he choked on a subway train. Closing arguments are expected after Thanksgiving in the closely watched manslaughter case about the death of Jordan Neely , 30. The encounter between Penny, a white Marine veteran, and Neely, a homeless Black man with mental health and drug problems, has been drawn into U.S. political divides over race, public safety and cities’ ability to handle mental illness and social ills. Penny, 26, has pleaded not guilty. Many criminal defendants don't take the stand, and juries are routinely instructed that they cannot hold defendants' silence — a constitutional right — against them. One of Penny’s lawyers, Daniel Kenniff, noted after court that jurors did hear from Penny, in the form of his recorded statements to police minutes and hours after he put Neely in a chokehold. “Virtually everything he said then is consistent with credible testimony of his fellow passengers," Kenniff said. Penny told police that he wrapped his arm around Neely's neck, took him to the floor and “put him out” because he was angrily throwing things and making threatening comments. Penny said on police video that he hadn't wanted to injure Neely but rather to keep him from hurting anyone else. A number of other passengers testified that they were scared of Neely and relieved that Penny grabbed hold of him. A man who later stepped in and held down Neely's arms, however, told jurors that he urged Penny to let go but that the veteran kept choking Neely for a time. Prosecutors say Penny meant to protect people but recklessly used too much force, overlooking Neely's humanity and making no effort to spare his life. City medical examiners ruled that the chokehold killed Neely. A pathologist hired by Penny's defense disputed that finding . Prosecutors, defense lawyers and the judge are set to meet Monday to hash out jury instructions.
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College Football Playoff's first 12-team bracket is set with Oregon No. 1 and SMU in, Alabama out SMU captured the last open spot in the 12-team College Football Playoff, bumping Alabama to land in a bracket that placed undefeated Oregon at No. 1. The selection committee preferred the Mustangs, losers of a heartbreaker in the Atlantic Coast Conference title game, who had a far less difficult schedule than Alabama of the SEC but one fewer loss. The inaugural 12-team bracket marks a new era for college football, though the Alabama-SMU debate made clear there is no perfect formula. The tournament starts Dec. 20-21 with four first-round games. It concludes Jan. 20 with the national title game in Atlanta. Alabama left out of playoff as committee rewards SMU's wins over Crimson Tide's strong schedule The College Football Playoff committee took wins over strength of schedule, taking SMU over Alabama for the final at-large spot in the field. The field was expanded from four to 12 teams this season, but that didn’t save the committee from controversy. SMU showed it could compete against a traditional power, losing to Clemson 34-31 on a 56-yard field goal in the ACC title game on Saturday. Alabama had some ups and downs in its first season under coach Kalen DeBoer. The Crimson Tide had quality wins against Georgia and South Carolina, but lost at Vanderbilt, Tennessee and Oklahoma. Big Ten wins playoff selection derby, followed by SEC despite notable Alabama omission College football’s conference shakeup left concerns about two super conferences dominating the playoff field. They weren’t totally unfounded, or 100% born out. The Big Ten, not the Southeastern Conference, was the biggest winner. The ACC scored, too. The Big Ten led the initial 12-team playoff field with four making the cut, topped by a No. 1 Oregon team that was part of the Pac-12 exodus. Then came the SEC — and one notable omission. ACC runner-up SMU got the nod over college football blue-blood Alabama, another blemish in Kalen DeBoer’s first season as Nick Saban’s championship-or-bust successor. Darnold delivers for Vikings with career-high 347 yards and 5 TDs to beat Falcons, Cousins 42-21 MINNEAPOLIS (AP) — Sam Darnold threw for 347 yards and five touchdowns, both career highs, and the Minnesota Vikings pulled away from Kirk Cousins and the Atlanta Falcons 42-21 for their sixth straight victory. Darnold added another highlight to his brilliant first season with the Vikings following Cousins' departure in free agency to Atlanta with a 22-for-28 performance and no turnover-worthy plays despite heavy first-half pressure. Jordan Addison had eight catches for 133 yards and three scores and Justin Jefferson racked up seven receptions for 132 yards and two touchdowns. Cousins threw two more interceptions without a touchdown in his return to Minnesota. Saquon Barkley sets Eagles season rushing record and has Dickerson's NFL mark in his sights PHILADELPHIA (AP) — Saquon Barkley has broken LeSean McCoy's Eagles franchise record for rushing yards in a season. Barkley has 1,623 yards. He surpassed McCoy's mark of 1,607 yards with a 9-yard run in Sunday's 22-16 win over Carolina. Barkley finished the game with 124 yards, within a yard of his season average. He has four games left and is on pace to break Eric Dickerson's 40-year-old NFL record of 2,105 yards. Dickerson set that record in a 16-game season and Barkley has one more game. Eagles fans serenaded Barkley with “MVP!” chants and McCoy congratulated him on social media. Saints QB Derek Carr injures left hand on dive in 4th quarter of win over Giants EAST RUTHERFORD, N.J. (AP) — New Orleans Saints quarterback Derek Carr injured his left hand late in the fourth quarter of Sunday’s 14-11 victory over the New York Giants when he went airborne while trying for a first down and crashed to the turf. Carr tried to leap over a Giants tackler and landed at the New Orleans 39-yard line, extending his non-throwing hand to break his fall. He was on the turf for a minute or two before walking to the medical tent. He was examined and slowly walked to an area where X-rays are done. The injury could hurt the already slim playoff hopes of the Saints. Tamar Bates scores 29 points to help Missouri beat No. 1 Kansas 76-67 COLUMBIA, Mo. (AP) — Tamar Bates had 29 points and five steals to help Missouri beat Hunter Dickinson and No. 1 Kansas 76-67. Mark Mitchell scored 17 points in Missouri’s first win over Kansas since a 74-71 victory on Feb. 4, 2012. Anthony Robinson II had 11 points and five steals for the 8-1 Tigers. Dickinson had 19 points and 14 rebounds, but he also committed seven turnovers. The 7-2 Jayhawks have lost two straight on the road after falling 76-63 against Creighton on Wednesday night. Scottie Scheffler ends his big year in the Bahamas with his 9th victory NASSAU, Bahamas (AP) — Scottie Scheffler ended his biggest year with another victory. Scheffler was coming off a two-month break and looked as good as ever. He shot 63 in the Hero World Challenge and set tournament records at Albany with a 72-hole total of 263 and a six-shot victory. Tom Kim was the runner-up and Justin Thomas finished third. Scheffler ends his year with nine victories in 21 tournaments. That includes the holiday tournament in the Bahamas and the Olympic gold medal in Paris. It's the third-highest winning percentage in the last 40 years. Tournament host Tiger Woods had two better years. Lindsey Vonn is encouraged by how close she is to being competitive in ski racing return at age 40 COPPER MOUNTAIN, Colo. (AP) — Lindsey Vonn is encouraged by how close she is to being competitive again in her ski racing return at 40 years old. Vonn is still getting her ski equipment dialed in and getting used to going full speed again on her new titanium knee. That’s why all that she's reading into being more than two seconds behind in a pair of lower-level super-G races Sunday is that she’s right there. This after nearly six years away from ski racing and an abbreviated prep period. She was 2.19 seconds behind in the first race and 2.06 in the second. Both were won by her American teammate Lauren Macuga. Plane circles MetLife Stadium with message to co-owner John Mara to fix the Giants' 'dumpster fire' EAST RUTHERFORD, N.J. (AP) — A small plane circled MetLife Stadium roughly 90 minutes before New York was to play host to the New Orleans Saints on Sunday, asking Giants co-owner John Mara to overhaul the team that has made the playoffs twice since winning the Super Bowl in February 2012. “Mr. Mara, enough. Please fix this dumpster fire!” the message read as it was towed behind the rear of a small plane.