The couple, visiting New York from Europe, filmed the tragic encounter between Daniel Penny and Jordan Neely, but have declined to share the footage with prosecutors.
Daniel Penny’s trial for the manslaughter of Jordan Neely is set to begin on October 21, with key evidence potentially locked away due to the couple's refusal.
The reluctance of European witnesses to share their video highlights the challenges prosecutors face in a case that has divided public opinion over the justification of the act.
As the city struggles to attract tourists and residents back, this incident has sparked a heated debate over the balance between public safety and criminal justice.
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