Prosecution rests in trial of Daniel Penny, accused in NYC subway chokehold death
NEW YORK - Prosecutors rested their case Monday in the trial of Daniel Penny, the Marine veteran charged in the chokehold death of Jordan Neely on board a subway train last year.
Penny has pleaded not guilty.
Dr. Cynthia Harris, the doctor who performed Neely's autopsy, took the stand for a third day. She continued to defend her ruling on 30-year-old Neely's cause of death as compression of the neck, or asphyxia.
Penny's attorneys asked her if she was able to observe Penny using consistent pressure on Neely during the chokehold, and replayed cellphone video of the incident.
"That chokehold for that amount of time would kill anyone"
Harris told the jury she can't tell how much pressure being used since there is "no force meter around his arm."
Penny told detectives during a voluntary interview at the police stationhouse that he did not use pressure.
"He's not squeezing," his attorneys said.
They pointed to police bodycam video where they said someone could be heard saying Neely is breathing.
Penny's attorneys asked Harris if there was a breath, wouldn't that tend to prove it's not an asphyxial death?
"If someone said he was truly breathing, I would be surprised. But I would still say I thought it was an asphyxial death in its final course," Harris said.
Neely had the sickle cell trait. Harris maintains that didn't contribute to or cause his death.
"That chokehold for that amount of time would kill anyone," she said.
K2 in Neely's system
Defense attorneys pressed about synthetic cannabinoids in Neely's system, otherwise known as the drug K2. Harris said of the 10,000 overdoses in New York City, seven were due to synthetic marijuana, and all of those people had abnormal hearts. Neely had a normal heart, she said.
Harris also testified there's no way to know how much K2 was in his system, and that synthetic cannabinoids are relatively new, and not a well understood class of drugs.
Prosecutors argue Penny's intentions were good but allege he used excessive force. Witnesses have testified that Neely entered an F train in May, 2023 shouting threats.
The prosecution rested Monday afternoon.
The defense called Penny's sister Jackie to the stand. She described growing up in West Islip, explaining their close bond for the jury. A childhood friend of Penny's was also called to the stand.
The trial continues Tuesday.
