Defense in Daniel Penny case rests without client taking the stand in NYC subway chokehold death

NEW YORK -- The defense in the Daniel Penny manslaughter case rested Friday without their client taking the stand.

The judge will hold a charging conference with the attorneys Monday to discuss his instructions to the jury.

The jury is off until after Thanksgiving when the trial will resume with closing arguments, the judge's instructions and deliberations.

Earlier in the day, a forensic pathologist was on the stand and cross-examined by the prosecution.

Prosecutors are looking to question his credibility after Dr. Satish Chundru, an expert based in Texas, said Thursday there was no way Jordan Neely died from a chokehold.

He said Neely died from "the combined effects" of synthetic marijuana, schizophrenia, his struggle and restraint, and a blood condition that can lead to fatal complications during exertion.

Penny's attorney has also suggested because Neely was in a psychotic state and high on K2, it triggered a sickling crisis that led to a lack of oxygen, causing his death.

Chundru's testimony starkly contrasted with the findings of Dr. Cynthia Harris, the city medical examiner who performed Neely's autopsy.

She told jurors earlier in the trial that Neely suffered "an asphyxial death" as a result of the chokehold. She called it "profoundly improbable" that Neely's death was due to synthetic marijuana use and sickle cell condition, which is related but not equivalent to sickle cell disease.

Within the medical examiner's office, "the consensus was unanimous" that Neely had died from the chokehold, Harris said, adding: "There are no alternative reasonable explanations."

The prosecution rested Monday morning and the defense began presenting its case Monday afternoon.

They've called Penny's mother, sister, fellow Marines as character witnesses, a forensic psychiatrist to testify about Neely's psychiatric history, and Thursday morning the forensic pathologist.

Penny faces up to 15 years in prison if he is convicted.

The Associated Press contributed to this report.