NYPD's Alleged Subway Sodomy Victim Sodomized Himself, Defense Says

Officer ~~Dim~~ Kern

The trial of three NYPD officers accused of covering up one officer's alleged sodomy of a drug suspect in the Prospect Park subway station got underway yesterday. In opening arguments, lawyers for the cops portrayed Michael Mineo, 25, as an opportunistic scam artist who inflicted the wounds on himself to sue the city for millions. "He's trying to scam the people of New York City," said John Patten, the lawyer for Officer Richard Kern, who is accused of sodomizing Mineo with his retractable police baton. According to Patten, Mineo injured himself while handcuffed: "He was digging, digging, digging into his backside" and may have caused a "superficial laceration to his rear end."

Kern faces 25 years if convicted; Officers Alex Cruz, 28, and Andrew Morales, 27, could face four years if convicted of helping cover up the incident, which occurred on the afternoon of October 15th, 2008. The officers had observed Mineo smoking marijuana on the sidewalk near the subway station, and as they approached him, he swallowed the joint and ran. James Dallas, 13, who was visiting his subway-worker father at the station, testified yesterday that he saw cops ask Mineo about the drugs. "One of the other officers said, 'He put it in his butt,'" Dallas testified. "The guy said, 'I didn't put it in my butt, I swallowed it.'" Mineo's DNA was later found on Kern's baton.

Dallas did not see Kern violate Mineo, but an officer was blocking his view. He also said he saw Officer Noel Jugraj, who has not been charged, throw Mineo against a wall and kick him in the face. Dallas's mother Andrea also testified yesterday, and though she twice misidentified Officer Kern as Mineo, her testimony also supported the prosecution. She says she was sitting in her car outside the station when cops led Mineo out, and "he was screaming, 'I can't believe you shoved a walkie-talkie up my ass like I'm some kind of faggot. And one of them said, 'You are a faggot.'" She also claims that Jugraj told Mineo, 'You liked it."

Lead prosecutor Charles Guria argued that the cover-up helped prove the crime, because the officers let him walk away with an improperly filled-out summons. "All of a sudden, no one wants to arrest Michael Mineo," Guria said. "They want Michael Mineo to leave. The other officers were trying to make sure Michael Mineo did not go to a hospital, did not go to a police station. I don’t care what kind of law Michael Mineo broke, there’s no explanation, no excuse for what happened here."

But Cruz's lawyer, Stuart London, told jurors there wasn't anything to cover up, and maintained that Mineo had a "preexisting medical condition." And Patten told the jury, "You should send Mr. Mineo packing back to the state of Pennsylvania where he has many [outstanding] warrants." Mineo and James Dallas Sr. are expected to testify Monday.

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

By John Del Signore in News on January 22, 2010 10:37 AM

Comments [rss]

Rocknrope

I know someone who used to sit on a plunger in the shower as he was jerking, to stimulate his prostate. Maybe he should sue the NYPD as well.

inoyourider

Either way, NO PAYOUT for this a-hole.

NannyState

It's pretty much the unedited version of Kindergarden Cop.

LaliP

too bad he's a jerk. officer kern is a hottie.

Clarice City

Really? Is it his droopy eyelids and halfcocked smirk?

LaliP

yeah! if i were in the jury selection, i'd say to the lawyers, sorry, i won't be able to serve cause i can't fairly judge mr. hottie mccop :)

Wza

*whispers*

I think LaliP is Pat Lynch.

LaliP

who's pat lynch? i did a goole search and there are a lot of pat lynch's !

ed_Extinct

Establishing reasonable doubt.

Guest

Lee Harvey Oswald should have used these lawyers. They could have explained why JFK's head went back, and to the left, by saying that he shot himself with a high-powered rifle.

NannyState

Or at the vey least, they could have explained Kennedy's back problems.

Viane Delgado

I saw the whole thing. The officers politely asked him if he had anything on him, mineo said no i don't, and they offered him some coffee and donuts in exchange for the inconvenience.

FelixtheCat & Christine Quinn'

You really get around, don't you Viane?

FelixtheCat & Christine Quinn'

Shit don't lie.

Nyctini11

Hope these cops get jail time, just so they can be on the receiving end of a "baton"

potsmoker

i remember the abner Louima incident, the cops lawyer was on TV saying the injuries were inflicted by an act of gay sex right before the arrest.

St. Vincents hospital must be busy every night!!!

a real lying scumbag lawyer i guess hes getting paid either way might as well go full blast and claim it was self inflicted. guy sitting in your police car is vidorously inflicting damage on his rectum, lets see how you would act in that situation, call an ambulance and stick to the real true story, put him in a room with cameras and film him ripping his own rectum to protect yourself and the integrity of the nypd, no, let him go on his way and tell him dont go to the cops or the hospital and tell anyone that you inflicted your own butt tears, INTERNALLY, must have fisted himself and grabbed some intestine or something...i mean really does that make any sense!??!?!?!

Mordicai

The NYPD, anally violating a suspect who didn't do anything? Nah, that could NEVER happen.

HughGass

If the glove smells like poo, jail time he must do.

potsmoker

i was once arrested for smoking a joint and having a bag of weed, the cop handcuffed me and paid alot of attention searching my crotch and butt area, he pressed me up against the wall face first while handcuffed and asked do you like that. a few days later i went past the precinct and told him yeah i liked that, 5 years later we are still getting together for weekly handcuff role playing butt sex whenever his wife is at work.

sometimes we play with his gun and i put the baton in his rectum. if only his pals at the 9th knew what this guy was into....hahhaha