Trial Begins in Cop Sodomy Case

The alleged victim is suing the city for $220m

By John Noel
|  Thursday, Jan 21, 2010  |  Updated 2:39 PM EDT
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Trial Begins in Cop Sodomy Case

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A New York City policeman accused of a sex attack and two colleagues accused of covering up the crime go on trial today.

Tattoo parlor employee Michael Mineo says he was sodomized with a police baton on Oct. 15, 2008 in a subway station.

Opening statements began Thursday in Brooklyn.  Assistant Brooklyn D.A. Charles Guria said "it is amazing that something like this happened in a Brooklyn subway station when people were around." 

The three officers accused of assaulting Mineo face criminal charges in connection with the incident.  Officer Richard Kern has pleaded not guilty to sexual abuse and assault; and Officers Alex Cruz and Andrew Morales pleaded not guilty to hindering prosecution and official misconduct on suspicion of covering up a crime. All three have vehemently denied any wrongdoing.

Guria said Mineo's DNA is on Kern's baton."  He added that "Officer Kevin Maloney will testify he saw officer Richard Kear do this."

Mineo, who is suing the city for $220 million over the alleged incident, was arrested last year on three outstanding warrants. 

Defense attorneys hit back at Mineo's credibility.  John Patton, an attorney for Officer Kern, said "What he's trying to do here is pull of a scam."  An attorney for Officer Cruz said "The evidence will show it never happened."

Last year, just after filing the massive lawsuit, Mineo was again busted while sitting in a park -- a ticketable offense if you aren't with a child in that particular park. 

Cops arrested him after they found a summons for community service Mineo never finished for an April 2008 assault at the tattoo parlor where he had worked.

His arrest came as city lawyers filed papers in Brooklyn federal court asking that city be removed from the $220 million lawsuit, arguing it has no control over rogue officers who act outside their training and guidelines.  Those officers are awaiting criminal trials.

Mineo's lawsuit claims that NYPD officers robbed him of his civil rights by sodomizing him with a radio antenna.

 

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