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Daniel Penny won’t testify in manslaughter trial — as defense rests with testimony about Neely’s open warrant

Visitors follow king penguins (aptenodytes patagonicus) as they march through the Zoo in Basel, Switzerland, Thursday, Dec. 18, 2014. The king penguins are only let outdoors for a walk in the winter, because they naturally require low temperatures. (AP Photo/Keystone, Georgios Kefalas)

King penguins march through a Basel, Switzerland, zoo. AP

epa04533352 Heike Philipps, founder of the 'Hedgehog House', holds 17 December 2014 a small hedgehog on her hand during an event at the hedgehog shelter in Laatzen, Germany. The shelter that currently houses 22 hedgehogs and prepares them for their long winter sleep, is packed up to its limit with the small animals. Only emergency cases are currently accepted as many young animals must be pepped up for their winter sleep. EPA/JULIAN STRATENSCHULTE

A hedgehog shelter shows off a cute resident in Laatzen, Germany. EPA

A poster for the movie "The Interview" is taken down by a worker after being pulled from a display case at a Carmike Cinemas movie theater, Wednesday, Dec. 17, 2014, in Atlanta. Georgia-based Carmike Cinemas has decided to cancel its planned showings of "The Interview" in the wake of threats against theatergoers by the Sony hackers. (AP Photo/David Goldman)

A theater employee removes a poster for “The Interview” in Atlanta. AP

The St. Louis Zoo has announced on December 18, 2014, that Merah, a 45-year-old Sumatran orangutan, gave birth to a baby on December 14, 2014, at Jungle of the Apes at the Saint Louis Zoo in St. Louis. The mother and female infant are doing well. The father is Cinta, 10, who came to St. Louis in 2012 from the San Diego Zoo. UPI/Saint Louis Zoo/Handout

A newborn baby orangutan debuts at the St. Louis Zoo in St. Louis, Mo. UPI

Russian police officers detain protesters who were going planning on asking Vladimir Putin their own questions at today's news conference, in Moscow, Russia, Thursday, Dec. 18, 2014. The Russian economy will rebound and the ruble will stabilize, Russian President Vladimir Putin said Thursday at his annual press conference, he also said Ukraine must remain one political entity, voicing hope that the crisis could be solved through peace talks. (AP Photo/Alexander Zemlianichenko)

Police arrest protesters outside of Russian President Vladimir Putin’s press conference in Moscow. AP

Iraqi Kurdish forces survey a bridge rigged with explosives by Islamic State militants, as they inspect the area in Zumar, Iraq, Thursday, Dec. 18, 2014. Iraqi Kurdish forces battling Islamic State militants managed on Thursday to open up a corridor to Sinjar Mountain so that thousands of people from the country's Yazidi minority who have been trapped there can flee, said a senior Kurdish official. Tens of thousands of Yazidis became trapped in the mountain in early August, when the IS extremists captured the towns of Sinjar and Zumar, prompting the exodus. (AP Photo/Zana Ahmed)

Kurdish forces survey a bridge rigged with explosives in Zumar, Iraq. AP

The Doric columns of the floodlit, 5th Century BC Parthenon Temple on the Acropolis appear behind strings of Christmas street lights in Athens, on Thursday, Dec. 18, 2014. This year's Christmas and New Year celebrations in financially struggling Greece are overshadowed by a threatened political crisis, sparked by the election of the country's new president. The conservative-led government failed Wednesday to secure enough support for its nominee, and if the same happens in two more rounds of voting by Dec. 29, early national elections will have to be called just as the country is crawling out of a punishing six-year recession. (AP Photo/Thanassis Stavrakis)

Christmas lights glow in front of the Parthenon in Athens, Greece. AP

WASHINGTON, DC - DECEMBER 17: U.S. President Barack Obama speaks to the nation about normalizing diplomatic relations the Cuba in the Cabinet Room of the White House on December 17, 2014 in Washington, DC. Obama announced plans to restore diplomatic relations with Cuba, over 50 years after they were severed in January 1961. In a prisoner exchange, U.S. contractor Alan Gross was freed after being held in Cuba since 2009 and sent to Cuba three Cuban spies who had imprisoned in the U.S. since 2001. (Photo by Doug Mills-Pool/Getty Images)

President Barack Obama speaks about Cuba in Washington. Getty

SAN FRANCISCO, CA - DECEMBER 17: California Academy of Sciences assistant dive safety officer Mark Lane wears a Santa Claus costume as he dives in the Academy's Philippine Coral Reef tank on December 17, 2014 in San Francisco, California. The California Academy of Sciences Coral Reef Dive program featured a special appearance by Scuba Santa as part of a holiday program. (Photo by Justin Sullivan/Getty Images)

A diver dressed as Santa Claus greets visitors at a San Francisco, Calif., aquarium. Getty

ARLINGTON, VA - DECEMBER 18: Army Lt. Gen. James Terry, commander of the Combined Joint Task Force-Operation Inherent Resolve, speaks during a briefing at the Pentagon, December 18, 2014 in Washington, DC. Gen. Terry gave the media an update on the mission of (CJTF-OIR) and provided an udate on the battle against the Islamic State ISIL or ISIS. (Photo by Mark Wilson/Getty Images)

Army Lt. Gen. James Terry delivers a press conference in Arlington, Va. Getty

White House Press Secretary Josh Earnest pauses while answering a question about North Korea in the Brady Press Briefing Room at the White House in Washington, December 18, 2014. REUTERS/Larry Downing (UNITED STATES - Tags: POLITICS)

White House Press Sec. Josh Earnest pauses in Washington. Reuters

People light candles in small caves near the Mar Saba Monastery in the Judean desert, east of the Palestinian West Bank city of Bethlehem, December 18, 2014. The Greek Orthodox monastery, which was built in the fifth century AD, currently houses some 20 monks and has been occupied almost continuously since it was founded, which, according to the Web site of Israel's tourism ministry, makes it one of the oldest inhabited monasteries in the world. REUTERS/Ammar Awad (WEST BANK - Tags: RELIGION TRAVEL TPX IMAGES OF THE DAY)

Greek Orthodox worshipers light candles in small caves near Mar Saba Monastery in Bethlehem, West Bank. Reuters

A man lights candles for victims of the Pakistan Taliban attack on the Army Public School, during a candlelight vigil in Islamabad December 18, 2014. Pakistan on Wednesday began burying 132 students killed in a grisly attack on their school by Taliban militants that has heaped pressure on the government to do more to tackle an increasingly aggressive Taliban insurgency. REUTERS/Faisal Mahmood (PAKISTAN - Tags: CIVIL UNREST POLITICS)

A man lights candles for victims of the Taliban attack on the Army Public School during a vigil in Islamabad, Pakistan. Reuters

Zoo owner Manny Tangco kisses a grizzly bear during the Animal Christmas party at Malabon Zoo in Manila December 18, 2014. REUTERS/Erik De Castro (PHILIPPINES - Tags: SOCIETY ANIMALS)

Zoo owner Manny Tangco kisses a grizzly at the Malabon Zoo Christmas party in Manila, Philippines. Reuters

A couple share a kiss as Russian conscripts, wearing military uniforms, bid farewell to acquaintances at a local railway station before their departure for their garrisons in Stavropol, southern Russia, December 18, 2014. REUTERS/Eduard Korniyenko (RUSSIA - Tags: MILITARY SOCIETY)

A soldier kisses his girlfriend goodbye before deploying in Stavropol, Russia. Reuters

A student is detained during a demonstration near the Ministry of Education at Santiago, December 18, 2014. Students were protesting on Thursday against the increase in tariffs at their universities. REUTERS/Ivan Alvarado (CHILE - Tags: POLITICS CIVIL UNREST EDUCATION TPX IMAGES OF THE DAY)

A student is detained during education protests in Santiago, Chile. Reuters

Demonstrators stand outside the Citigroup headquarters during a rally in support of U.S. Sen. Elizabeth Warren (D-MA) message for the need to break up the big banks in New York December 18, 2014. REUTERS/Shannon Stapleton (UNITED STATES - Tags: BUSINESS SOCIETY)

Protesters demonstrate outside Citigroup headquarters in New York. Reuters

An orangutan dressed in a Santa Claus outfit takes part during the Animal Christmas party at Malabon Zoo in Manila December 18, 2014. REUTERS/Erik De Castro (PHILIPPINES - Tags: SOCIETY ANIMALS)

A festive orangutan celebrates at a Manila, Philippines, zoo’s Christmas party. Reuters

Russian President Vladimir Putin speaks during his annual end-of-year news conference in Moscow, December 18, 2014. The rouble edged lower against the dollar on Thursday, with traders saying President Vladimir Putin had offered few concrete measures at his end-of-year news conference to pull Russia out of a crisis. REUTERS/Maxim Zmeyev (RUSSIA - Tags: BUSINESS POLITICS TPX IMAGES OF THE DAY)

Russian President Vladimir Putin holds his annual end-of-year address in Moscow. Reuters

In this courtroom sketch, Boston Marathon bombing suspect Dzhokhar Tsarnaev is depicted sitting in federal court in Boston Thursday, Dec. 18, 2014, for a final hearing before his trial begins in January. Tsarnaev is charged with the April 2013 attack that killed three people and injured more than 260. He could face the death penalty if convicted. (AP Photo/Jane Flavell Collins)

Boston Marathon bombing suspect Dzhokhar Tsarnaev is depicted sitting in Boston federal court. AP

A replica of the casino is seen along the Promenade jetty, as part of the Christmas holiday illuminations in Nice, Thursday, Dec. 18, 2014. Several Christmas decorations are displayed downtown of Nice city. (AP Photo/Lionel Cironneau)

A replica of the Casino illuminates Nice, France. AP

<> on December 18, 2014 in Edinburgh, Scotland.

Visitors swing at an Edinburgh, Scotland, Christmas market. Getty

HANGZHOU, CHINA - DECEMBER 17: A panda eats a cornmeal bun in a zoo on December 17, 2014 in Hangzhou, China. The zoo keeps Cheng Da and Cheng Xiao, three-year-old panda sister and brother. PHOTOGRAPH BY Feature China / Barcroft Media UK Office, London. T +44 845 370 2233 W www.barcroftmedia.com USA Office, New York City. T +1 212 796 2458 W www.barcroftusa.com Indian Office, Delhi. T +91 11 4053 2429 W www.barcroftindia.com

A panda eats a corn meal bun in a Hangzhou, China, zoo. Barcroft Media

<> on December 18, 2014 in Edinburgh, Scotland.

Christmas decorations are displayed in Edinburgh, Scotland. Getty

Hipster history: From Postmodern Lincoln to beatnik JFK

Hipster history: From Postmodern Lincoln to beatnik JFK