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While most of the news from the past couple of weeks since the 2024 election has been the stuff of conservative dreams, there has also been a nightmare happening in New York City. It’s happening to a man who should be heralded as a hero but instead is on trial for his life. 

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Marine Daniel Penny has been in court since late October facing charges of manslaughter and criminally negligent homicide for protecting New York City subway riders from the deranged Jordan Neely who was openly threatening everyone on the train. There have been a number of bombshells to come out in the weeks since the trial began, including witnesses defending Penny in police bodycam footage, as well as video showing that Neely was still alive when police arrived on the scene.

Yesterday, a forensic pathologist took the stand in the trial and dropped another stunning revelation on the jury and another giant hole in the prosecution’s case. According to The New York Post, Dr. Satish Chundru testified that asphyxia was not even the cause of Neely’s death. 

Wow. Here are more details from the story: 

Daniel Penny’s chokehold of Jordan Neely isn’t what killed the homeless man — he died from the ‘combined effects’ of synthetic marijuana, schizophrenia and other factors, the defense’s medical expert testified Thursday.

Dr. Satish Chundru, a forensic pathologist based in Texas, told jurors in Manhattan Supreme Court that Neely’s autopsy records and video of the fatal F train altercation in May 2023 didn’t show signs typical of known chokehold deaths.

‘In your opinion, did Mr. Penny choke Mr. Neely to death?’ Penny’s attorney Steven Raiser asked.

‘No,’ replied Chundru, ‘the chokehold did not cause death.’

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Chundru, who has worked as a medical examiner in Texas and Florida, also stated that there were many discrepancies in Neely’s medical records after his death. He also stated for the record that Neely died from ‘the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.’

If all of this sounds familiar, it should.

In the trial of Derek Chauvin for the death of George Floyd, there was also very credible evidence that Floyd did not die from asphyxiation but from the overwhelming amount of drugs, including fentanyl and methamphetamine, in his system. 

But Chauvin was convicted of second and third-degree murder anyway. 

Previously in Penny’s trial, the medical examiner who performed the autopsy had ruled that the cause of death was asphyxia, but Chundru’s testimony poked a gaping hole of reasonable doubt in that conclusion. 

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Many others justifiably believe that Penny should not be facing trial at all. 

Penny’s prosecution has been greeted with even greater skepticism due to the unequal application of justice and the law as practiced by New York District Attorney Alvin Bragg. (Bragg’s assistant was recently assaulted and robbed by an illegal immigrant who had FIVE previous arrests on his record since 2023.) 

That would be outstanding to see. But this is New York City, so we are not holding our breath on that one. 

We know Bragg’s motivation in bringing these charges. We can only hope that the New Yorkers on the jury, many of whom ride the subway, are a lot smarter — and a lot more honest — than he is. 

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The tweet continues: 

his case seems to have alternative motives and will only disincentivize good Samaritan’s from protecting innocent people like my fiancé.

Real criminal (rapists, foreign gang members, and many more) are all over our streets. When they commit crimes they get released without bail. We need change and we need to stop wasting taxpayer dollars on these bogus cases — refocus on real criminals. NYC is out of hand.

‘Out of hand’ is putting it mildly.

The words ‘disgraceful’ and ‘Alvin Bragg’ should be listed as synonyms in every existing copy of Roget’s Thesaurus. 

We’ve all known. 

Yes. That is what the headline should read. 

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Closing arguments in the case are expected to take place on December 2. We can only pray that, after hearing all of the testimony from witnesses like Chundru and others riding the subway, the jury returns a verdict of ‘Not Guilty’ in record time.

And then we hope Penny has the recourse — and resources — to sue Bragg for wrongful prosecution. 

That would be justice. What Daniel Penny is being forced to endure in this farce of a trial is not.