The role of a medical examiner, expert witness in legal matters, especially those revolving around the use of excessive force, came to sharp focus during Daniel Penny's trial. Dr. Cynthia Harris, a forensic pathologist, testified about the compression of Jordan Neely's neck and how it related to Neely's death. Dr. Harris was clear: ‘Yes’ was her answer when asked, “It is your opinion, if Mr. Neely’s neck was not compressed, he would not have died?” by Assistant District Attorney Dafna Yoran.
On On May 1, 2023, homeless, Jordan Neely entered a train and threw trash and his jacket at random passengers. Threatening to kill people and go back to jail for life, Neely sparked fear as passengers tried to back away in the confined space. Ex-marine, Daiel Penny, aged twenty-six, placed the man in a choke hold for over five minutes. Neely died at the scene.
For a month, the trial unfolded in a Manhattan courtroom. Accused of second-degree manslaughter and negligent homicide, 26-year-old Daniel Penny pleaded not guilty. His prosecutors portrayed him as dangerous and overzealous who vacillated between controlling and killing the man he held down, 30-year-old Jordan Neely, on a subway train. Assistant District Attorney Dafna Yoran, said to jurors, Penny had used "way too much force for way too long, in way too reckless a manner".
Mr. Penny's attorneys, who are representing him in a murder trial, say he acted out of concern for his own safety and in the interest of public safety. They maintain that Mr. Penny had no reason to believe Mr. Neely was not a serious threat and that he was right to detain him, albeit in a way that now had him charged with crimes.Their testimony was split, with some saying they felt threatened by Neely’s erratic behavior and others worried about Mr Penny’s chokehold.
“I truly believed that I was going to die in that moment,” said Caedryn Schrunk, a passenger on the New York F train, on that date.
Medical examiner, Dr Harris, over the course of approximately four hours on Thursday and Friday, brought the jury up to date with the cabalistic operations of the human body. She focused on the central act of living — breathing, with and without assistance — and how easily and how often it goes awry. She showed the jurors diagrams from human anatomy textbooks and explained the kind of medical terms that, while not uncommon, have a certain weight to them: capillary, for instance, or hemorrhage. And what Harris presented the jury from her medical point of view was this: that when Neely was being restrained, he was unquestionably in a state of medical duress, with airflow severely restricted, if not totally cut off.
Defense counsel Steven Raiser cross-examined Harris regarding the causation of Neely's death, postulating whether an asphyxia-free death could have resulted from a struggle and whether Neely's schizophrenia, synthetic cannabinoid use, or tobacco use could have rendered him more susceptible to death from exertion. Raiser also attempted to establish that Harris's determination of asphyxia as the cause of death was premature.The medical examiner claimed the cause of death became obvious once she watched a video of the chokehold and the minutes afterwards.
Harris said: “After watching it, I had no further questions about why he was dead,”
Harris testified that she shared her findings to other medical examiners, including the chief, and there was a consensus of opinion with her assessment.
“No toxicology report would have changed my opinion,” she said.
Steven Raiser, Mr Penny’s attorney, asked jurors to put themselves in Mr Penny's position, stating that he and other subway passengers had “very little room” to move or run when Neely’s outburst began.
“Danny acted to save those people,” Mr Raiser said. "Who would you want on the next train ride with you?"
Homicide charges against Daniel Penny were dismissed 10th December, after a New York City jury found him not guilty of the homicide of Jordan Neely. Penny, 24, had been charged with second-degree manslaughter and later with criminally negligent homicide after he placed the 30-year-old, unarmed man in a choke hold on May 1 that resulted in Neely's death. The case, which has raised many questions about public safety and mental health, has seen its share of protests and strong public reaction, with calls to both indict Penny and to set him free.
Eddie Price
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