The prosecution in the trial of Daniel Penny rested its case on Monday after New York medical examiner Dr. Cynthia Harris testified for the third day.
Harris testified under cross-examination that it was “possible” that Jordan Neely, who died after Penny put him in a chokehold, actually died due to his sickle cell trait, Fox News reported. But, she said, that was not probable.
She then told the prosecution under re-direct questioning that if Neely had died from his sickle cell trait, he would have died hours or days later. She added that she believed Neely would have died from asphyxiation whether he had sickle cell trait or not.
On Friday, Harris mentioned that another medical examiner “reviews all homicide reports,” a comment that had to be stricken from the record since Penny has not been charged with a capital crime. Penny, a 26-year-old Marine veteran, faces up to 15 years in prison if convicted of manslaughter or up to 4 years if he’s convicted on the lesser charge of criminally negligent homicide in Neely’s death.
Penny’s defense team also questioned Harris on Friday about the drugs found in Neely’s system, The Daily Wire reported.
After viewing video of Penny restraining Neely in a chokehold and appearing unresponsive, Harris made her determination about the cause of death – without waiting for the toxicology report.
Harris told the defense that even if Neely had enough fentanyl in his system to take out an elephant, she still would have ruled that he died from asphyxiation. The defense, however, was able to get her to agree that medical examiners can disagree on the cause of death and that it’s not a perfect science.
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After the prosecution rested, the defense began to put on its case, calling Penny’s sister and childhood friend to the stand, the New York Post reported.
“People always spoke so highly of him,” said Alexandra Fay, who grew up on the same block as Penny in West Islip.
“He was so kind. If anything he was extra kind … He always spoke up,” she added.
Penny’s older sister Jacqueline described her brother as “smart” and “focused,” who played lacrosse and “likes to surf as a hobby.”
“We had similar friends, similar friend groups, hung out with similar people,” she testified.
“He was always very sweet to my friends and I was friendly with his friends as well,” she added.
Multiple witnesses have testified that they were afraid of Neely, who entered the subway train car and allegedly began ranting that someone was going to die and he didn’t care if he went back to jail. These witnesses have said they feared for their lives, with some even thanking Penny for stepping in, The Daily Wire reported.