Fox News medical contributor and forensic pathologist Dr. Michael Baden contradicted the defense of Daniel Penny, a former Marine on trial for allegedly killing street artist Jordan Neely with a chokehold in 2023.
Penny's defense, which rested Friday, argued that Neely's sickle cell trait and marijuana use led to his death. But during a Sunday appearance on Fox News, Baden said that it was Penny's chokehold that had "caused the death" of Neely.
The former Marine told police he placed Neely in the chokehold to protect New York City subway riders from being killed.
The defense "contradicted the city's medical examiner, telling the court he does not believe a chokehold caused the death of Jordan Neely," Fox News host Arthel Neville explained in an interview with Baden. "Daniel Penny's lawyers also argued that Jordan Neely died from the combined effects of synthetic marijuana, schizophrenia, and his struggle and restraint and a sickle cell trait that can lead to fatal complications during exertion."
Baden, however, disagreed with the defense because sickle cell trait was confused with sickle cell disease.
"Nobody dies from sickle trait," Baden pointed out. "The hold on the neck is one that's used by police agencies throughout the country. And if it's left on too long, it causes death."
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"And I think that the restraint was what caused the death," he continued.
Baden also said it was doubtful that the use of synthetic marijuana caused Neely's death.
"But the jury will rely on, if they understand the difference, that the death occurred, and whether or not the person doing it was intentional, and he was trying to, as he said in his interview, trying to protect people, but he was doing it wrong," the doctor remarked.
Watch the video below from Fox News.
