Prosecution rests in Daniel Penny subway chokehold trial
NEW YORK CITY (WABC) -- Prosecutors with the Manhattan District Attorney's office rest their case Monday against Daniel Penny, the Marine veteran who is charged with manslaughter and negligent homicide in the chokehold death of a homeless man aboard a New York City subway car.
Prosecutors argue Penny was reckless when he held Jordan Neely in a vice grip for too long.
Penny, 25, has pleaded not guilty to the charges in Jordan Neely's death.
Dr. Cynthia Harris took the stand for the third day in the trial on Monday.
On Monday morning Defense attorneys for Daniel Penny tried to rattle the medical examiner's findings that Neely died from compression on the neck.
"The defense is basically just going in circles, as what recall just beating around the bush, since 10 am this morning the questions haven't changed in any manner and neither has answers from Miss Harris the medical examiner, Christopher Neely, the victim's uncle, said
Defense attorneys pointed to possible other causations from the medical report like the K2 found in Neely's system, perhaps his mental breakdown created an acute heart condition or a sickle cell trait that might have affected blood flow.
The medical examiner firmly rooted in her findings said that those other things are not probable. She said from the video and her autopsy findings that you can see Neely dying in the 5-minute cell phone video.
Dr. Harris testified how critical the cell phone video was in addition to the autopsy results to determine Neely's cause of death, testifying that "had pressure been released at 3:09 he would have most likely woken up."
"I feel real confident in the defeat of this case. I think that positive energy overrides negative energy," Neely said.
Defense attorneys still worked to cast doubt by asking, "Is it fair to say that you have some doubt about the pressure?"
Dr. Harris a bit perplexed responded, "It's the arm of an adult man."
The line of questioning continued to which she responded, "There's no force meter around his arm, so I can't tell you how much pressure," Harris said.
The medical continued on the stand for redirect and recross examination with the prosecution resting its case on Monday afternoon.
The defense is now putting on its case calling Daniel Penny's sister to the stand from Florida as a character witness.
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