4 things to know about the Daniel Penny case as jury deliberates
Defense expert questioned cause of death
Late last month, the defense called Dr. Satish Chundru to testify as an expert witness. The Texas forensic pathologist disagreed with Harris' opinion that Neely died from a chokehold.
Chundru highlighted several discrepancies during his testimony, according to a WABC-TV. One of the problems with the chokehold death assessment, according to Chundru, is that Neely did not fall unconscious first. A chokehold death happens in two phases, he testified.
The first phase is unconsciousness, followed by the death of the person who was choked. Chundru said he reviewed the cell phone video footage of the incident on the subway and that he doubts Neely died from a chokehold.
According to Chundru assessment, Neely died from "the combined effects" of synthetic marijuana and schizophrenia. He also argued that Neely, struggling against the restraint, combined with the health condition he suffered from, also led to the man's death.
Prosecutors questioned Chundru's credibility due to the $600-an-hour rate he charges as a consultant, WABC-TV notes.
Following the forensic pathologist's testimony, Dr. Michael Baden, a former New York City medical examiner, told Fox News that Chundru may have been "interesting" but contended that it was wrong.
"[Chundru] described what can happen in sickle cell disease, not what happens in sickle cell trait, which Neely had," Baden said. "Eight percent of Black people in this country have a sickle trait, which is a benign medical condition that rarely causes any symptoms, let alone death."
Baden stated that it takes days for "sickling" to occur, comparing it to the post-mortem condition rigor mortis. He did argue, however, that even if a chokehold did cause Neely's death, that does not necessarily prove Penny's actions were criminal.
"The individual circumstances are important as to whether the death could [or] should have been avoided, and whether the death should be prosecuted, which is entirely up to the prosecutor," Baden said.
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman