DNA of Alleged Subway Sodomy Victim Mixed Up With Other DNA on NYPD Baton

DNA expert Sara Phillips holds the police baton.

It gets crowded for a DNA strand up on a police baton! Today a DNA expert from the chief medical examiner's office testified that Michael Mineo's blood and DNA could not be definitively linked to the retractable police baton, or ASP, that Officer Richard Kern allegedly used to sodomize Mineo after he resisted arrested in a Brooklyn subway station in October 2008. Criminologist Sarah Philipps said that she found DNA from three sources on the ASP, and that Mineo was "included as a possible contributor to this sample." But because the other DNA was mixed with the sample, she could not confirm a match, NY1 reports. It was a different story with Mineo's boxers, however.

Mineo's DNA was matched to blood found on his underwear, which had a hole in the seat and was presented as evidence today. That blood could not be definitively tied to the baton, and the lawyer for Officer Alex Morales, who's accused of helping cover up the assault, tried to throw out Philipps's testimony. But Justice Alan Marrus wasn't having it, telling the defense, "There was something in it for both sides."

Yesterday a doctor testified that Mineo's anal lacerations were consistent with his allegations, and today the prosecution rested its case. The defense began their counterattack this afternoon by calling a crime scene detective as their first witness.

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By John Del Signore in News on February 3, 2010 5:12 PM

Comments [rss]

dgeee

Isn't it kind of gay to stick your police baton up in a perp's asshole?

goyogago

a NYPD cop with repressed homosexual sadomasochistic tendencies? naaaaaaaaaah.........

JacqueMehoff

the cop sure did used that baton a lot.

now is that standard operating procedure? he checks his baton often.

1stephanie

Two words: smell test.

Helen Thomas knows the score

'Not taking sides'

haha

dadoc

And when were the boxers obtained and vouchered? Timing and chain of custody are important. If any amount of time elapsed between the alleged assault and the vouchering of the boxers, that could be introduced. I never did hear if Mineo was taken directly to the hosp or walked in at some point later. Anybody know the timeline?

NannyState

It's full of holes, and with a bit more probing, the cops' attorneys should be able to find more fissures in their testimony.

dadoc

Yeah, Like Mineo always wore his best drawers just in case he got run over by a streetcar, like granny told him. Maybe he's just a slob? Equally plausible alternative explanation. Not taking sides, but they have to come up with something better.

books

imagine how sadistic the cop had to be to rip his boxers? WTF?

the lady who they said fired a gun at someone in Afghanstan may get life in prision.

how long will this cop get?

this country is corrupt.