Daniel Penny trial: Defense witness who claimed chokehold didn’t kill Jordan Neely returns to stand

NEW YORK – Dr. Satish Chundru, a Texas forensic pathologist moving for Daniel Penny's defence arsenic helium fights charges for the subway chokehold decease of Jordan Neely, returned to the witness stand Friday for a 2nd time of grilling.

Penny, a 26-year-old Marine seasoned and architecture student, grabbed the 30-year-old Neely successful the mediate of a schizophrenic, drug-fueled outburst connected a subway car that witnesses said included decease threats and had them fearing for their lives. Although Neely inactive had a pulse erstwhile Penny fto go, helium aboriginal died.

Contrary to the authoritative autopsy study conducted by Dr. Cynthia Harris of the New York City Medical Examiner's Office, Dr. Chundru testified that helium does not judge a chokehold caused Neely's death.

DANIEL PENNY DEFENSE CALLS FORENSIC PATHOLOGIST TO WITNESS STAND: ‘THE CHOKEHOLD DID NOT CAUSE THE DEATH’

Dr. Satish Chundru leaves the courtroom during a recess successful Daniel Penny's New York City manslaughter proceedings astatine Manhattan Supreme Court, New York City, NY connected Thursday, Nov. 21, 2024. (Rashid Umar Abbasi for Fox News Digital)

Dr. Michael Baden, a erstwhile New York City Medical Examiner and starring forensic pathologist, disagreed with Dr. Chundru's testimony.

"Dr. Chundru's grounds whitethorn person been precise interesting, but it was wrong," helium told Fox News Digital. "He described what tin hap successful sickle compartment disease, not what happens successful sickle compartment trait, which Neely had. Eight percent of Black radical successful this state person sickle trait, which is simply a benign aesculapian information that seldom causes immoderate symptoms, fto unsocial death."

Daniel Penny walks successful the hallway of Manhattan Supreme Court, Tuesday, November 19, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Rashid Umar Abbasi for Fox News Digital)

At the autopsy, Dr. Harris recovered important "sickling" connected Neely's organs, she testified, and lawyers connected some sides asked for an explanation. She said the information did not lend to Neely's decease and she blamed it solely connected asphyxiation from the chokehold. 

"Sickle trait reddish humor cells bash sickle aft death, erstwhile the body's oxygen proviso disappears and tin beryllium seen astatine autopsy – arsenic with Neely oregon with anyone with sickle trait dying from immoderate condition," Dr. Baden said. "It's a post-mortem artifact similar rigor mortis. Further, decease from sickle illness takes days of sickling to occur; it can't hap successful seconds arsenic happened to Neely."

Jordan Neely is pictured earlier going to spot the Michael Jackson movie, "This is It," extracurricular the Regal Cinemas connected 8th Avenue and 42nd Street successful Times Square, New York, successful 2009.  (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

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However, helium said, adjacent if the chokehold caused Neely's death, it's not up to the aesculapian examiner to determine whether that was criminal.

"The idiosyncratic circumstances are important arsenic to whether the decease could [or] should person been avoided, and whether the decease should beryllium prosecuted, which is wholly up to the prosecutor," helium said.

Cynthia Harris, M.D. arrives for Daniel Penny’s proceedings astatine the Manhattan Criminal Court gathering successful New York City connected Friday, November 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide successful the 2023 decease of Jordan Neely connected a New York City subway train. (Adam Gray for Fox News Digital)

Chundru, a erstwhile Miami-area aesculapian examiner who present runs a backstage signifier successful Texas conducting autopsies successful a half-dozen counties, said that helium did not judge an aerial choke caused Neely's unconsciousness and, therefore, did not origin his death.

Rather, helium blamed it connected "the combined effects of sickle compartment crisis, the schizophrenia, the conflict and restraint, and the synthetic marijuana."

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Penny faces up to 15 years successful situation if convicted connected the apical complaint of manslaughter. He besides faces a complaint of criminally negligent homicide.

It was not instantly wide whether helium would instrumentality the basal successful his ain defense, though immoderate experts person suggested it's likely that helium will due to the fact that it's a self-defense case.