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Forensic Pathologists Clash Over Subway Chokehold Death Case

Daniel Penny returns to the courtroom after a break in New York, Monday, Oct. 21, 2024. (AP Photo/Seth Wenig)

Dr. Satish Chundru, a Texas forensic pathologist, testified in the case of Daniel Penny, who is facing charges in the subway chokehold death of Jordan Neely. Chundru's testimony contradicted the official autopsy report by Dr. Cynthia Harris, stating that he does not believe a chokehold caused Neely's death.

Neely, who had sickle cell trait, was involved in a chaotic incident on a subway car where Penny restrained him during a schizophrenic episode. Despite having a pulse when released, Neely later died. Dr. Michael Baden, another forensic pathologist, disagreed with Chundru's assessment, emphasizing that sickle cell trait rarely leads to death and attributing Neely's demise to asphyxiation from the chokehold.

Baden explained that sickle trait red blood cells can exhibit post-mortem changes, but death from sickle disease typically takes days to occur, unlike Neely's sudden death. He also highlighted that the determination of criminality in such cases falls under the purview of prosecutors, not medical examiners.

Dr. Baden attributes death to asphyxiation from the chokehold.
Dr. Chundru disputes chokehold as primary cause of death.
Sickle cell trait and post-mortem changes in red blood cells discussed.

Chundru, who cited a combination of factors including sickle cell crisis, schizophrenia, struggle, and drug use as contributing to Neely's death, refuted the notion that the chokehold was the primary cause.

Penny, facing charges of manslaughter and criminally negligent homicide, could potentially receive a 15-year prison sentence if convicted. The decision on whether Penny will testify in his defense remains uncertain, with experts suggesting a likelihood of him taking the stand due to the self-defense nature of the case.

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