Medical examiner testifies in trial of Daniel Penny for NYC subway chokehold death
NEW YORK — A medical examiner testified Friday in the trial of Daniel Penny.
Penny, a Marine veteran, has pleaded not guilty to charges related to the 2023 chokehold death of 30-year-old Jordan Neely.
Witnesses testified Neely entered a subway train and threatened people, and Penny moved to restrain him. Prosecutors allege Penny used excessive force.
Medical examiners explains Jordan Neely's cause of death
Prosecutors called more than 30 witnesses. The last to take the stand was Dr. Cynthia Harris, the doctor who performed Neely's autopsy. Jurors saw photos from the autopsy, in particular of Neely's neck and eyes.
Harris ruled Neely's cause of death compression of the neck, or asphyxia.
Prosecutors say Penny had Neely in a chokehold for nearly six minutes.
In a voluntary police stationhouse interview, Penny demonstrated the chokehold, and when asked if he applied pressure, he said, "No, I didn't, I wasn't, I just wanted to keep him from getting to people."
After Penny let go of Neely, several witnesses, including responding officers, testified Neely had a pulse. Harris said that's not surprising.
"This is an asphyxial death ... The brain dies first," she said.
Neely had sickle cell trait. She testified it's normally benign, an asymptomatic condition, but his spleen and red blood cells were sickled. In her medical opinion, she testified, it was caused because he was "in a low oxygen situation."
Medical examiner questioned about drugs in Neely's system
A toxicology report revealed Neely had a synthetic cannabinoid otherwise known as K2 in his system, but Harris told the jury "no one can say how much" because current testing does not quantify it; it only determines if it's present since synthetic cannabinoids "change like fashion trends," Harris said.
On cross examination, defense attorneys asked Harris about higher rates of toxicity and hospitalizations due to K2. She said it was "two to 100 times more potent to standard natural occurring cannabinoids."
They also noted after she performed the autopsy, Neely's death certificate originally said cause of death pending further study. Harris said that was due to a misunderstanding; a police report said Neely had been screaming, so she had questions.
After viewing video of an unresponsive Neely and though waiting for toxicology results, she made her ruling.
Harris doubled down, telling the jury that Neely could have had enough fentanyl in his system to knock down an elephant and that still would not have changed her opinion.
Defense attorneys pointed out, and she agreed, that medical examiners often disagree on cause of death and it's not a perfect science.
Harris will be questioned again on Monday, then the prosecution will rest and the defense will get a chance to present its case.