• Daniel Penny defense calls forensic pathologist to witness stand: 'The

    From Leroy N. Soetoro@21:1/5 to All on Fri Nov 22 22:49:41 2024
    XPost: soc.veterans, nyc.politics, talk.politics.guns
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    https://www.foxnews.com/us/daniel-penny-defense-calls-forensic- pathologist-witness-stand-chokehold-did-not-cause-death

    NEW YORK – The Marine veteran on trial for the subway chokehold death of
    Jordan Neely called an expert forensic pathologist to the witness stand Thursday, and he came to a dramatically different conclusion than the
    New York City Medical Examiner's Office.

    "The chokehold did not cause the death," Dr. Satish Chundru testified.

    Daniel Penny, 26, faces up to 15 years in prison if convicted on the top
    charge he faces, manslaughter, for the death of 30-year-old Neely.

    He was on his way to the gym after class at a New York college in May
    2023, when Neely, a homeless man with schizophrenia and a drug habit,
    barged onto a subway car and shouted death threats.

    Chundru, a former Miami-area medical examiner who now runs a private
    practice in Texas conducting autopsies in a half-dozen counties, said
    that he did not believe an air choke caused Neely's unconsciousness and, therefore, did not cause his death.

    Chundru said he found the cause of death to be "the combined effects of
    sickle cell crisis, the schizophrenia, the struggle and restraint, and
    the synthetic marijuana."

    Someone schizophrenic, high on K2 and involved in a struggle can die
    without a chokehold being involved at all, he said. Similarly, he said,
    if there were no health issues and the chokehold was the only factor,
    Neely would not have died.

    "In your opinion, did Mr. Penny choke Mr. Neely to death in 2023?"
    defense lawyer Steven Raiser asked.

    "No," Dr. Chundru replied, before the defense ended its questioning.

    In cross-examination, Assistant Manhattan District Attorney Dafna Yoran
    grilled him on some of his past cases, asking about an incident that he
    ruled an asphyxiation – and a defense expert disputed his findings,
    pointing out there was cocaine in the victim's system. It happened in
    2012 and he said he didn't remember it well.

    https://static.foxnews.com/foxnews.com/content/uploads/2024/11/11-20-24- jordan-neely-autopsy_redacted-peoples-exhibit-40-.pdf

    She got Dr. Chundru to concede that video shows Penny's arm in a "blood
    choke" position and that brushing on Neely's body matched.

    However, he said, "You can have a chokehold applied, leave with that
    kind of injury, and survive."

    He compared Neely's death to another one Dr. Chundru worked on and he
    said the two weren't comparable.

    "With the video, it gives us the evidence that a chokehold occurred but
    did not cause the death [of Neely]," he testified.

    The judge dismissed jurors for the day shortly before 5 p.m.

    Trial resumes Friday at 10 a.m., and Dr. Chundru is expected to return
    to the witness stand for more testimony.

    With the defense expert on the stand, Dr. Cynthia Harris, who conducted
    the city's autopsy, looked on from the audience. She testified in the
    trial three days earlier.

    DANIEL PENNY TRIAL: SUBWAY MADMAN CLAIMED HE HEARD TUPAC AND DEVIL
    BEFORE DEADLY CHOKEHOLD, SHRINK SAYS

    Harris found it was the chokehold that killed Neely, not the synthetic
    drugs in his system, his sickle cell genetic disorder or cardiac arrest.

    "This is a very complicated case," Chundru testified. "We have
    schizophrenia involved, sickle cell trait involved, a chokehold."

    Additionally, Neely had K2, a form of synthetic marijuana that experts testified is more like cocaine, in his toxicology report.

    BRAGG'S OFFICE VIES TO SUPPRESS JORDAN NEELY'S DRUG ABUSE, PSYCHE
    RECORDS IN MARINE VET'S CHOKEHOLD TRIAL

    Dr. Chundru said that asphyxiation death comes in two phases. In the
    first, the individual loses consciousness. In the second, sustained
    pressure leads to death.

    "What’s also important is unconsciousness always proceeds death in a chokehold," he said.

    However, rendering someone unconscious does not mean they are always
    going to die, he said. When they are let go, they typically wake up, he
    said.

    "In a sickle cell crisis, death is a lack of oxygen, so the same thing
    [in] an asphyxia death," he said.


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