Lawyers for Marine vet Daniel Penny, charged in subway chokehold death of Jordan Neely, asked a New York City court to declare a mistrial but were shut down.

Staten Island lawyer Louis Gelormino, who represented two clients in a similar chokehold case last year, says Manhattan DA Bragg's prosecutors are trying to paint Daniel Penny as a racist even though their indictment doesn't accuse him of racism.

It was a second day of testimony from straphangers, who said a Michael Jackson impersonator with mental health problems made them more afraid than they had ever been on the city transit system.