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bouncing into the bullpen. >> carley: which party won't the congressional baseball team. i want to tell you now. >> todd: steube can rake. >> carley: i'm carley shimkus. >> todd: i'm todd piro, more coming up. marine daniel penny indicted on second-degree manslaughter charge in new york city subway last month. >> carley: ashley strohmier has the details. >> ashley: the da is expected to announcement the indictment later this morning. penny has been out on bond after being charged by manhattan prosecutor for second-degree manslaughter. in state of new york, second degree could carry m...

Available to the grand jury, usually takes 30 to 45 days for normal toxicology report to be processed. he died on may 1. what is in the toxicology report and i think penny's lawyers will argue causation. surprised they have not done independent autopsy. delirium happens when somebody passes adrugs. i'm not saying jordan neely was on drugs, if toxicology shows high level of drugs in his system, penny's lawyers could potentially argue might have been another cause of death, for example, a heart attack. see what is in there in terms of ligature marks and were bones

And i'm left wondering what choice she'll make. for kids like claire there are choices. new programs where addicts are getting help from an unlikely source. >> bring your adrugs. we are not going to arrest you. just get you in a program and get you help. woah! you're not taking these. hey, hey, hey! you're not taking those. woah, woah! you're not taking that. come with me. you're not taking that. you're not taking that. you're not taking that. mom, i'm taking the subaru. don't be late. even when we're not there to keep them safe, our subaru outback will be. (vo) love. it's what makes a subaru,...