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Daniel Penny trial: Medical examiner testifies about Jordan Neely’s injuries in subway chokehold case
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Daniel Penny trial: Medical examiner testifies about Jordan Neely’s injuries in subway chokehold case

NEW YORK (WABC)– The Manhattan District Attorney’s Office concluded Daniel Penny’s manslaughter case Friday with the medical examiner who performed Jordan Neely’s autopsy.

Over the past two weeks, the prosecution has shown jurors Penny in her own words in the moments after the incident and called nearly three dozen witnesses to testify and made 911 calls.

Testimony resumed Friday with the medical examiner ruling the case as a homicide by neck compression.

Dr. Cynthia Harris says that when Neely, 30, was freed from the chokehold, he was already brain dead. Penny’s lawyers refuted the findings and claimed he was trying to protect train passengers.

Harris testified that she found several signs of trauma during the autopsy; hemorrhages in Neely’s neck, chest and spleen, as well as small pools of blood in his eyes from ruptured blood vessels.

This all came from being strangled for almost six minutes, she said.

Dr. Harris testified to significant moments in this video where she could see signs of death. She says Neely’s face is turning purple and there are involuntary movements consistent with brain death.

The medical examiner presented autopsy photos of Neely, pointing out marks on her neck and marks on her fingernails from Penny’s grip.

Penny’s attorney tried to challenge the medical examiner’s autopsy findings after the day of Neely’s death, which said the cause of death was awaiting further study.

Harris testified: “I was operating under the assumption that he had been released from the chokehold and was still screaming.”

But it escalated to neck compression two days later after viewing the cellphone video, telling the court: ‘After watching it, I no longer had any questions about why he was dead .”

Prosecutors say Neely’s outburst lasted 30 seconds, but the chokehold that lasted five minutes and 53 seconds was misused, causing Neely to choke and die.

It is unclear whether Penny will testify. He faces up to 15 years in prison if convicted.

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