Accused Subway Sodomy Cops Surrender

Early this morning, the three police officers facing charges related to allegations that they beat and sodomized a man on a subway platform turned themselves in to the Brooklyn DA's office. The three will be arraigned this afternoon. DA Charles Hynes detailed the indictments against the cops: Police Officer Richard Kern was indicted on charges including "aggravated sexual abuse in the first degree, assault in the first degree, and hindering an investigation" while "Andrew Morales and Alex Cruz were also charged with hindering the investigation."

While the NYPD initially denied 24-year-old Michael Mineo's claims that he was assaulted at the Prospect Park subway station in October, the grand jury decided there was enough evidence to indict Kern, Cruz and Morales. A transit cop also backed Mineo's story, saying he saw Kern put his baton on Mineo's buttocks. CityRoom reports that DA Hynes made sure to mention how the 1992 Mollen Commission's recommendations about investigating police corruption were enacted and added, "In a real sense, Police Commissioners Kelly’s commitment is one reason we can announce the action of the Kings County grand jury this morning."

As for the suspects, Kern's lawyer said, "We don't know what the people's proof is, but as far as I'm concerned my client is not guilty," and Cruz's lawyer said, "He never observed any misconduct nor engaged in any misconduct."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Jen Chung in News on December 9, 2008 12:35 PM

Comments [rss]

Jerky

Kern's got those asymmetric facial features that scream "nutcase"!

NannyState

Kerns looks gay. Probably a self-hater, like so many others in uniform. I hope he didn't inflict himself on a fake wife and kids as so many others do. That usually ends with a gun in somebody's mouth.

KiljoyWasHere

Well that's the end of it.

Guest

That cop on the far left is totally guilty.. just look at him. I'm surprised he's not on a child molester list. The other two don't look AS guilty, but probably are.

Wza

lol whitecastlerock

Valerie H

All of the good cops should band together if and when a conviction is handed down decrying behavior such as this. When corruption happens on police forces it reflects badly on the whole. My sympathy is so with this young man and all people who are victimized by the very people who are supposed to be protecting them. When someone hides behind their badge or their collar (priests) etc. to commit crimes on people their sentence should be doubled. I hope they get what they deserve!

TK

jay- hopefully jurors dont just 'string events together' but instead rule on the facts. I know that's not the case but we can dream, right.

TK

Not confusion but a different reading of events all together...

The victim claims a police officer inserted an object into his rectum [in].

The witness claims (according to Gothamist) "he saw Kern place his metal baton against Mineo's left side and run it from left to right across his buttocks as Malone was handcuffing him." [on]

As stated, they can be considered as clearly two different events and mutually exclusive. I don't know the actual events and haven't read the court docs but as first glance, something's missing, and doesnt seem to me like the open and shut case some want it to be.

whitecastlerock

Wow it's like fucking Perry Mason in here...

jaycjay

"regardless, one act does not presuppose the other."

Until the entirety of the evidence and testimony is considered: the transit cops testimony that he saw the baton placed "on" Mineo's buttocks (actually, "between" is the term used in most of the articles reporting on the indictment), followed by witness testimony that he then "screamed" that he had been "violated," followed by testimony that he then was bleeding, that followed by doctor testimony that he had a "rectal tear."

A halfway decent attorney -- or juror -- can string those events together and come to a reasonable conclusion.

Politburo

A halfway decent attorney would have thought things through before replying (and probably wouldn't be on Gothamist at this hour). It's certainly possible that the witness saw the baton on the buttocks, and that the baton was also at one point in the buttocks. But as you say, one does not presuppose the other, at least in a strict logical sense. But we all know that people don't think that way.

In any case, your confusion seems to stem from the ambiguity of the word "in" in this context. When one says "I poked you in the butt", it could mean the buttocks or the actual orifice.

TK

Politburo: any halfway decent attorney would disagree. regardless, one act does not presuppose the other.

Sexy Fitsum

New York City cops

ain't too smart

Politburo

TK: They aren't mutually exclusive.

Mister Collapse

They wont bother "hiding" him away. He's a low level street cop. He's headed for gen pop. And he's gonna have one hell of a time.

TK

"on his buttocks"? wait, i thought it was in his buttocks. that's 2 different things. more evidence that eye-witness testimony is often useless?

theevilone

[6] A grand jury indictment doesn't mean this "actually happened." The bar for handing down an indictment is ridiculously low. I served on a grand jury and every case we saw resulted in an indictment.

JacqueMehoff

where are the posters who denied this actually happened? I suppose one can still be in denial.

drewo

Was Mineo wearing a NYPD t-shirt?

PFCheungs

So far the "people's proof" is the DNA evidence on the baton.

Unfortunately the article doesn't describe where on Mineo's body the DNA evidence came from.

JP Lynch

Kern in prison?!?! Cops shot and kill people and don't go to jail - what's a baton up the ass gonna get them?!?!

r1b2

Imagine Kern in prison? When he's known as a cop who likes to put things in other men's rectums? He'll be really popular, learning what it is to receive rather than give.

There's no way he'll be placed in population. They'll have to hide him away somewhere.