Forensic pathologist called to testify in Daniel Penny trial disagrees with cause of Jordan Neely's death
NEW YORK — The defense in the trial of Daniel Penny called an expert witness to the stand Thursday.
Penny is the Marine veteran accused in the chokehold death of Jordan Neely on board the subway last year.
Witnesses previously testified a screaming, threatening Neely entered an F train, and Penny moved to restrain him.
Expert witness says in his opinion, chokehold did not cause death
The defense called Dr. Satish Chundru, a forensic pathologist, as an expert witness. He told the jury he's performed more than 9,000 autopsies.
Chundru testified he looked over all the material in the case and it was his opinion that "the chokehold did not cause death."
Dr. Cynthia Harris, the medical examiner who performed Neely's autopsy, previously testified she ruled his death compression of the neck before having toxicology and other reports back.
She was in the gallery listening as Chundru told jurors in a complicated case like this, he would need the results of those tests – histology, toxicology, genetic testing and psych records – in order to rule on a cause of death.
The defense asked, "The fact that someone is restrained in a position of a chokehold and dies, does that make it a chokehold death?"
"No," Chundru said.
"Did Mr. Penny choke Mr. Neely to death?" the defense asked.
"No," Chundru said.
Forensic pathologist says he was shocked cause of death was determined so quickly
Chundru explained in order for it to be a chokehold death, you have to put enough consistent pressure to render someone unconscious and sustain that pressure for an extended period of time.
Using diagrams and the video of Penny and Neely from the subway incident, he told the jury it did not appear Penny applied a proper air or blood choke.
Earlier this week, Harris testified Neely having synthetic marijuana or K2 in his system and having sickle cell trait did not cause his death.
Chundru told the jury he believed the cause of death was the "combined effect of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana."
He also noted there have been deaths linked alone to either schizophrenia, K2 or sickle cell crisis, citing a report published last week.
Defense attorneys asked, "If we removed all the health and drug issues, would Neely he have died?"
"No," Chundru said.
On cross examination, prosecutors pointed out Neely's official cause of death was unanimously agreed upon at a consensus hearing among the city's medical examiners office.
Chundru told the court he's worked in 20 offices and it was shocking to him they issued a cause of death so soon in this case.
There will be redirect of the witness Friday.