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Alvin Bragg's prosecutors pivot to nailing Danny Penny, cross line in court

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Alvin Bragg's prosecutors pivot to nailing Danny Penny, cross line in court

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NEW YORK – Dr. Satish Chundru, a Texas forensic pathologist working for Daniel Penny’s defense as he fights charges for the subway chokehold death of Jordan Neely, returned to the witness stand Friday for a second day of grilling.

Penny, a 26-year-old Marine veteran and architecture student, grabbed the 30-year-old Neely in the middle of a schizophrenic, drug-fueled outburst on a subway car that witnesses said included death threats and had them fearing for their lives. Although Neely still had a pulse when Penny let go, he later died.

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Contrary to the official autopsy report conducted by Dr. Cynthia Harris of the New York City Medical Examiner’s Office, Chundru testified that he does not believe a chokehold caused Neely’s death.

DANIEL PENNY DEFENSE CALLS FORENSIC PATHOLOGIST TO WITNESS STAND: ‘THE CHOKEHOLD DID NOT CAUSE THE DEATH’

Dr. Satish Chundru leaves the courtroom during a recess in Daniel Penny’s New York City manslaughter trial at Manhattan Supreme Court in New York City on Thursday, Nov. 21, 2024. (Rashid Umar Abbasi for Fox News Digital)

During a grueling cross-examination, Assistant Manhattan District Attorney Dafna Yoran grilled Dr. Chundru on the connection between sickle cell trait and death in other cases, prompting repeated objections from the defense.

At one point, Judge Maxwell Wiley cut her off and said “we’re not doing that.” But the questioning continued through more objections before the court went to recess.

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Before jurors returned, the defense argued that Yoran improperly brought up the term “homicide,” a misstep that happened earlier in the trial as well.

Wiley said he did not want to strike the back-and-forth. When the jury returned, he told them that “homicide” means something different to a medical examiner than it does to a lawyer or a jury and asked them not to weigh the witness’ use of that word when weighing facts of the case.

Daniel Penny walks in the hallway of Manhattan Supreme Court on Tuesday, November 19, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Rashid Umar Abbasi for Fox News Digital)

It was the second time that the word “homicide” came up controversially and prompted the defense to raise an objection. Earlier this week, Wiley ordered the first comment stricken, when Dr. Harris mentioned that “all homicide reports” were reviewed by another doctor in the city medical examiner’s office.

Not all homicides are criminal, and the defense argued that the prosecution’s repeated espousal of the word could confuse the jury.

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The defense asked the court to note for the record that they have had several conversations, and the DA’s office agreed that bringing up testimony from forensic pathologists regarding death as a “homicide” would be misleading to the jury.

The first time, it came from Dr. Harris. The second, the defense said Yoran said the word as part of her questioning. She denied it. The judge said he would review the transcript later and issue additional jury instructions if necessary.

Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It,” outside the Regal Cinemas on 8th Avenue and 42nd Street in Times Square in New York City in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

While Penny’s team has maintained that his actions were justified, that’s not their only line of defense, according to Louis Gelormino, a New York City defense attorney who is closely following the case.

“One of the other defenses is, ‘Well, I didn’t kill him. My actions weren’t the cause of death,’” he told Fox News Digital Friday. “So yes, it doesn’t make a difference if it was justifiable. But if his actions weren’t justifiable, the jury could also say, ‘Hey, [his] actions didn’t kill him. He died because of the other things going on in his body.’ And that’s why that’s relevant.”

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Chundru, a former Miami-area medical examiner who now runs a private practice in Texas conducting autopsies in a half-dozen counties, has testified that he did not believe an air choke caused Neely’s unconsciousness and, therefore, did not cause his death.

Rather, he blamed it on “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint, and the synthetic marijuana.”

Dr. Cynthia Harris arrives for Daniel Penny’s trial at the Manhattan Criminal Court building in New York City on Friday, Nov. 15, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

Dr. Michael Baden, a former New York City medical examiner and leading forensic pathologist, disagreed with Chundru’s testimony.

“Dr. Chundru’s testimony may have been very interesting, but it was wrong,” he told Fox News Digital. “He described what can happen in sickle cell disease, not what happens in sickle cell trait, which Neely had. Eight percent of Black people in this country have sickle trait, which is a benign medical condition that rarely causes any symptoms, let alone death.”

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At the autopsy, Harris found significant “sickling” on Neely’s organs, she testified, and lawyers on both sides asked for an explanation. She said the condition did not contribute to Neely’s death, and she blamed it solely on asphyxiation from the chokehold. 

“Sickle trait red blood cells do sickle after death, when the body’s oxygen supply disappears and can be seen at autopsy – as with Neely or with anyone with sickle trait dying from any condition,” Baden said. “It’s a post-mortem artifact like rigor mortis. Further, death from sickle disease takes days of sickling to occur; it can’t occur in seconds as happened to Neely.”

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

DANIEL PENNY TRIAL: SUBWAY MADMAN CLAIMED HE HEARD TUPAC AND DEVIL BEFORE DEADLY CHOKEHOLD, SHRINK SAYS

However, he said, even if the chokehold caused Neely’s death, it is not up to the medical examiner to decide whether that was criminal.

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“The individual circumstances are important as to whether the death could [or] should have been avoided, and whether the death should be prosecuted, which is entirely up to the prosecutor,” he said.

Penny faces up to 15 years in prison if convicted on the top charge of manslaughter. He also faces a charge of criminally negligent homicide.

It was not immediately clear whether he would take the stand in his own defense, although some experts have suggested it is likely that he will because it is a self-defense case.

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Connecticut

Hartford community grieves men killed in police shootings

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Hartford community grieves men killed in police shootings


The Hartford community is grappling with two police shootings that happened within eight days of each other. Both started off as mental health calls about someone in distress.

People came together to remember one of the men killed at a vigil on Wednesday evening.

With hands joined, a prayer for peace and comfort was spoken for the family of Everard Walker. He was having a mental health crisis when a family member called 211 on Feb.19.

Two mental health professionals from the state-operated Capitol Regional Mental Health Center requested Hartford police come with them to Walker’s apartment on Capitol Avenue.

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A scuffle ensued, and police said it looked like Walker was going to stab an officer. The brief fight ended with an officer shooting and killing Walker.

The family is planning to file a wrongful death lawsuit against the city.

“All I will have now is a tombstone and the voicemails he left on my phone that I listen over and over again at night just so I can fall asleep,” Menan Walker, one of Walker’s daughters, said.

City councilman Josh Michtom (WF) is asking whether police could have acted differently.

“To me, the really concerning thing is why the police were there at all, why they went into that apartment in the way that they did, in the numbers that they did,” he said.

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The president of Hartford’s police union, James Rutkauski, asked the community to hold their judgment and wait for a full investigation by the Inspector General’s office to be completed.

A different tone was taken in a statement released about another police shooting on Blue Hills Avenue on Feb. 27.

Rutkauski said the union fully supports the officer who fired at 55-year-old Steven Jones, who was holding a knife during a mental health crisis.

In part, the union’s statement says that Jones “deliberately advanced on the officer in a manner that created an immediate threat of death or serious bodily injury. This was a 100% justified use of deadly force.”

The Inspector General’s office will determine if the officer was justified following an investigation.

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The officer who shot Jones was the fourth to arrive on the scene. Three others tried to get him to drop the knife, even using a taser, before the shooting.

“It just feels like beyond the conduct of any one officer, we have this problem, which is that we send cops for every problem,” Michtom said. “I don’t know how you can de-escalate at the point of a gun.”

Jones died from his injuries on Tuesday.  

The union’s statement went on to say that officers should not be society’s default for mental health professionals. The statement said in part, “We ask for renewed commitment from our legislators to remove police from being the vanguard of what should be a mental health professional response.”

The officers involved in both shootings are on administrative leave.

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Maine

NECEC conservation plan will not protect Maine’s mature forests | Opinion

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NECEC conservation plan will not protect Maine’s mature forests | Opinion


Robert Bryan is a licensed forester from Harpswell and author or co-author of numerous publications on managing forests for wildlife. Paul Larrivee is a licensed forester from New Gloucester who manages both private and public lands, and a former Maine Forest Service forester.

In November 2025, the Department of Environmental Protection (DEP) approved a conservation plan and forest management plan as mitigation for impacts from the NECEC transmission corridor that runs from the Quebec border 53 miles to central Maine.

As professional foresters, we were astonished by the lack of scientific credibility in the definition of “mature forest habitat” that was approved by DEP, and the business-as-usual commercial forestry proposed for over 80% of the conservation area.

The DEP’s approval requires NECEC to establish and protect 50,000 acres to be managed for mature-forest wildlife species and wildlife travel corridors along riparian areas and between mature forest habitats. The conservation plan will establish an area adjacent to the new transmission corridor to be protected under a conservation easement held by the state. Under this plan, 50% of the area will be managed as mature forest habitat.

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Under the forest management plan, a typical even-aged stand will qualify as “mature forest habitat” once 50 feet tall, which is only about 50 years old. These stands will lack large trees that provide wildlife denning and nesting sites, multiple vegetation layers that mature-forest birds use for nesting and feeding habitats and large decaying trees and downed logs that provide habitat for insects, fungi and small mammals, which in turn benefit larger predators.

Another major concern is that contrary to the earlier DEP order, the final approval allows standard sustainable forestry operations on the 84% of the forest located outside the stream buffers and special habitats. These stands may be harvested as soon as they achieve the “mature forest habitat” definition, as long as 50% of the conserved land is maintained as “mature.”

After the mature forest goal is reached, clearcutting or other heavy harvesting could occur on thousands of acres every 10 years. Because the landowner — Weyerhaeuser — owns several hundred thousand acres in the vicinity, any reductions in harvesting within the conservation area can simply be offset by cutting more heavily nearby. As a result, the net
mature-forest benefit of the conservation area will be close to zero.

Third, because some mature stands will be cut before the 50% mature forest goal is reached, it will take 40 years — longer than necessary — to reach the goal.

In the near future the Board of Environmental Protection (BEP) will consider an appeal from environmental organizations of the plan approval. To ensure that ecologically mature forest develops in a manner that meets the intent of the DEP/BEP orders, several things need to change.

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First and most important, to ensure that characteristics of mature forest habitat have time to develop it is critical that the definition include clear requirements for the minimum number of large-diameter (hence more mature) trees, adjusted by forest type. At least half the stocking of an area of mature forest habitat should be in trees at least 10 inches in diameter, and at least 20% of stands beyond the riparian buffers should have half the stocking in trees greater than or equal to 16 inches in diameter.

Current research as well as guidelines for defining ecologically mature forests, such as those in Maine Audubon’s Forestry for Maine Birds, should be followed.

Second, limits should be placed on the size and distribution of clearcut or “shelterwood” harvest patches so that even-aged harvests are similar in size to those created by typical natural forest disturbance patterns. These changes will help ensure that the mature-forest block and connectivity requirements of the orders are met.

Third, because the forest impacts have already occurred, no cutting should be allowed in the few stands that meet or exceed the DEP-approved definition — which needs to be revised as described above — until the 50% or greater mature-forest goal is reached.

If allowed to stand, the definitions and management described in the forest management plan would set a terrible precedent for conserving mature forests in Maine. The BEP should uphold the appeal and establish standards for truly mature forest habitat.

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Massachusetts

Foul play suspected after human remains found in water in Shirley

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Foul play suspected after human remains found in water in Shirley


Human remains were discovered Wednesday in the water in Shirley, Massachusetts, and authorities suspect foul play.

Police in Shirley said in a social media post at 7:15 p.m. that they responded to “a suspicious object in the water near the Maritime Veterans Memorial Bridge on Shaker Road.” Massachusetts State Police later said the object was believed to be human remains.

The bridge crosses Catacoonamug Brook near Phoenix Pond.

The office of Middlesex County District Attorney Marian Ryan said a group of young people was walking in the area around 5:30 p.m. and “reported seeing what appeared to be something consistent with a body part in the water.”

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Foul play is suspected, Ryan’s office said.

Authorities will continue investigating overnight into Thursday, and an increased police presence is expected in the area.

No further information was immediately available.



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