Defense's forensic pathologist disputes Medical Examiner's chokehold death claim in Penny trial
NEW YORK CITY (WABC) -- Testimony resumed Thursday in the subway chokehold death trial of Daniel Penny.
A forensic pathologist was called to testify by Penny's attorneys.
Dr. Satish Chundru is an expert based in Texas who says there's no way Jordan Neely died from a chokehold.
Among the discrepancies, he said: the location and extent of bruising on Neely's neck, and the small amount of petechiae - small red spots caused by subsurface bleeding - on his eyelids.
Dr. Chundru testified in a chokehold death there a two phases, the first phase is unconsciousness, and the second phase is death.
After reviewing the cell phone video, Chundru says because Neely was not rendered unconscious first, a chokehold has to be ruled out as a cause of death.
He said Neely died from "the combined effects" of synthetic marijuana, schizophrenia, his struggle and restraint, and a blood condition that can lead to fatal complications during exertion.
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Penny's attorney has also suggested because Neely was in a psychotic state and high on K2, it triggered a sickling crisis that led to a lack of oxygen causing his death.
Prosecutor Dafna Yoran later sought to show that some aspects of Chundru's testimony, including about petechiae, departed from some medical literature and even his own opinion in other cases. He responded that the comparisons weren't comparable.
During cross examination, prosecutors also went after Dr. Chundru's credibility, pointing to his $600 an hour rate as a consultant who appears on TV, earning him upwards of $5 million a year.
Chundru's testimony starkly contrasted with the findings of Dr. Cynthia Harris, the city medical examiner who performed Neely's autopsy.
She told jurors earlier in the trial that Neely suffered "an asphyxial death" as a result of the chokehold. She called it "profoundly improbable" that Neely's death was due to synthetic marijuana use and sickle cell condition, which is related but not equivalent to sickle cell disease.
Within the medical examiner's office, "the consensus was unanimous" that Neely had died from the chokehold, Harris said, adding: "There are no alternative reasonable explanations."
The prosecution rested Monday morning and the defense began presenting its case Monday afternoon.
They've called Penny's mother, sister, fellow Marines as character witnesses, a forensic psychiatrist to testify about Neely's psychiatric history, and Thursday morning the forensic pathologist.
The prosecution will have an opportunity to challenge Dr. Chundru's opinion during a cross examination Thursday afternoon.
Penny faces up to 15 years in prison if he is convicted.
The Associated Press Contributed to this report.
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