Accused anti-Semitic killer Grafton Thomas wants a forensic pathologist to dig up the victim who died months after the attack and analyze the cause of his death, according to court documents filed Monday.
Attorney Michael Sussman made the request after 72-year-old Josef Neumann died last month from wounds suffered in Thomas’ alleged machete attack against men celebrating Hanukkah in Rabbi Chaim Rottenberg’s home in Monsey on Dec. 28.
“In light of the recent death of one of the victims in the case, I believe it important to hire an experienced forensic pathologist to analyze the cause of his passing,” Sussman wrote in a letter to Manhattan federal Judge Cathy Seibel.
Thomas has been charged with five counts of attempted murder and hate crimes, but has not been hit with an upgraded charge since Neumann’s death.
Prosecutors had previously said he could face the death penalty if one of his victims died.
Sussman added in the letter that no autopsy has been conducted — something strongly discouraged under Jewish law.
He has a motion in state court to disinter the remains for an autopsy, but that hasn’t happened yet.
He’s also seeking medical records in the months between the attack and Neumann’s death.
Sussman wrote that he’s been in touch with the former chief medical Examiner of Rockland County, who has agreed to perform the autopsy for a fee of $300 an hour.
The 18-inch machete allegedly used by 37-year-old Thomas “penetrated [Neumann’s] skull directly into the brain,” the victim’s family said in a statement soon after the attack.
Thomas allegedly wounded four other Hasidic men in the attack.
Federal authorities alleged Thomas kept anti-Semitic journals and searched online for potential targets before settling on Rottenberg’s home.
Sussman has denied his client has a history of anti-Semitism, claiming Thomas is mentally ill and was off his medication at the time of the attack.
Thomas allegedly “suffers from auditory hallucinations and demons,” Sussman has said, adding that Thomas has suffered from mental illness for more than a decade and moved back in with his mom, a registered nurse, just prior to the attack.
In January, Thomas was found mentally unfit to stand trial on federal hate- crime charges.
He has pleaded not guilty to state charges, including attempted murder.




