Juror in Subway Sodomy Trial Speaks, Mineo Slams NYPD

AP/Craig Ruttle

After three police officers were acquitted yesterday on charges that they participated in the sodomy of a Brooklyn man during his arrest in 2008, jury forewoman Jamie Dove (a photographer) explained the verdict: "It was just reasonable doubt. Things weren't consistent. Stories were changing from the grand jury testimony to what he said he saw... He used different words. He went from 'rammed' to 'side to side.' So he wasn't sure about what was done to him." And another juror, Stevan L. Miller, told the Times the prosecution's case had "so many holes" that "the defense didn’t have to do anything."

Jurors also wondered why several key pieces of evidence—Michael Mineo's boxers, pants and surveillance video of him shortly after the attack—were introduced by the defense, not the prosecution. "The fact that the defense did it was a red flag," Dove told the Post. Mineo and another witness had testified that he had blood on his hand after the arrest, but after seeing Mineo put his hands in his pockets on the video, they requested the pants, and found no blood. Prosecutors also failed to counter testimony from a forensics expert who said that the hole in Mineo's boxers could not have been caused by the retractable baton.

Mineo was not in the courtroom when the verdict was read, but the Post reports that he "muttered, 'Faggot,' as the just-acquitted officers walked by him." At a press conference with Al Sharpton, Mineo told reporters, "It’s not over. I kind of had a feeling it would turn out this way. If you want to commit a murder, join the NYPD." He also said he feared for his safety, asking, "Who's going to police the police?" His lawyer said will ask the U.S. Marshals Service to protect Mineo, and will request an investigation at the federal level. Mineo's $440 million lawsuit against the city will proceed as planned. Sharpton criticized the Brooklyn DA, remarking, "It would seem that the prosecution allowed the victim to go on trial."

Outside the courtroom, Officer Richard Kern, who had faced as many as 25 years in prison if convicted of aggravated sexual abuse, told the press, "I'm glad the system works. I knew coming in this I was innocent. I was going to stand up for my rights and prove my innocence. I had faith in this Brooklyn jury... and I hope to get back on the street and do what I love to do: protect the people of Brooklyn." One juror was removed after telling others that Kern was previously found guilty of police brutality. In fact, Kern was cleared in two cases of excessive force, but one of those cases, in 2007, led to two lawsuits the city settled for $50,000, the Times reports.

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

By John Del Signore in News on February 23, 2010 9:26 AM

Comments [rss]

Guest

is it just me who knows that the 2 other officers involved are hispanic...?

http://www.advocate.com/News/Daily_News/2010/02/22/Cops_Acquitted_in_Sodomy_Trial/

potsmoker

mineos can be written off because the issue is his race, criminal background, employment, & appearance.

the fact that one cop testified against the others should have made it a slam dunk.

he had a warrant but was let go? strange story,

when all we hear on gothamist is gripes from yuppies who get put in the system for not having id when bike riding on the sidewalk or having a warrant for a forgotten long ago subway ticket.

back to the basics, how important is it in todays society for police to detain a dude smoking a joint?

drinking a beer, when will it end, littering?

jaywalking? voting against bloomberg?

Spook

This just in!

After Officer Kern is reinstated to the NYPD,

he intends to take a leave of absence

to star in the Rob Zombie's remake of the 1972 classic movie "Deliverance". For those who have seen the movie I'm sure there is no need to guess what part he's going to play.

Bort

Felix - you're presenting two different pictures of the police force. In one, they're r apists that have free run of the city to r ape, murder, and lie. But then when a police testifies, it's infallible testimony that should trump all physical evidence.

So which is it?

FelixtheCat & Christine Quinn'

neither one since you made a complete different statement. I called this particular defendants r+a+p+i+s+t+s, who words were taken over the word of an officer who had nothing to gain and more to worse by testifying that assault occurred. Even the fact that that they let him go after sodomizing him was proof. Kern couldn't take a prep bleeding from his a-hole into custody so Kern let him go and now the defense claimed Mineo caused the injury after he was released. what injustice.

Bort

Felix - you're presenting two different pictures of the police force. In one, they're rapists that have free run of the city to rape, murder, and lie. But then when a police testifies, it's infallible testimony that should trump all physical evidence.

So which is it?

devildogusmc

One of these crip thugs murdered my uncle. You all should be ashamed with sympathizing with this lying criminal. I'm sick of hearing blacks/latinos taking the side of "victim" especially that conniving slick pimp hustler Al Sharpton

Bouncy

Don't defend Michael Mineo: he likes fur.

http://seattletimes.nwsource.com/ABPub/2008/12/09/2008488256.jpg

justified

NYPD are walking lottery tickets for criminals. I am so glad with the out come!! Mineo is a piece of work and will not win a grammy for his crying anytime soon. He is a crook!! Since when was a CRIMINAL the VICTIM and the VICTIM a CRIMINAL? People, check yourself!

5borough

The cop maloney testified he saw the baton go across Mineo's buttocks and that he lost sight of the tip of it near Mineo's crack.

By the reasoning of the cop haters on here this guy:

http://4.bp.blogspot.com/_F4KZjiTUwP0/RZlHSNNchnI/AAAAAAAAAvE/14HjF-mf4-E/s400/AssGrab.jpg

should do thirty years (if he was a cop).

Cannibal

I fucking hate this guy and his doo-doo stain raccoon eyes. BLEEEAAAAGGHHHHHHH!!!!!

NannyState

If that hustling punk doesn't bring home the bacon from the civil suit, He's back out in the streets putting his square hole to work for Al Sharpton too.

forge

Can we focus on the real issue here? Have you seen seen Jamie Dove's "photography"? She clearly lacks perspective in more ways than one.

valeriob

Now that Fat Al is involved we can all dismiss the validity of this kid's claim.

Seriously, you couldn't take better steps to discredit your story than those he's taken. SERIOUSLY.

Jackie Curtis

C'mon New Yorkers! Even though Mineo looks like a "thug with an attitude", the fact remains he was brutalized and humiliated by the NYPD for being "gay" with a poll up his ass and the cops were let off with a heinous crime. I'm not a Sharpton fan, but he has every right to rebuke this miscarriage of the "NY criminal justice system". Kern says "and I hope to get back on the street and do what I love to do: protect the people of Brooklyn????" I'm glad I live in Manhattan and I'll keep watching my back.

Guest

oh, the arguments moved here. things are moving too quickly for me.

ProcedureTurn

This Mineo guy looks like a bum who refuses to work. He wants a lottery handed to him. Lets hope he loses this lawsuit too.

Pachinko

Sharpton never looks at facts. He only uses color for his defense. His is doing an injustice to his fellow blacks and minorities instead of servicing them. And Mineo quite obviously is the one who is a "faggot". He just can't be open about it for fear his fellow gang members will beat the living crap out of him.It's a shame we have to have people like this in society. Losers.

Angelheaded Hipster

mineo will be back in jail where he belongs soon enough

learnedhand

Hopefully Mineo's civil suit will be successful because of the different standard of proof required (think OJ Simpson -- not guilty in the criminal case, but guilty in the civil suit). Beyond a reasonable doubt is a very difficult burden to meet, even under the best of circumstances. When you consider the DA's proof is only as good as what the NYPD's investigation yields, and the NYPD has a history of not investigating their own -- you can imagine how little the DA's office probably had to work with, and besides, how much did they really want to win this case? Those same officers are their witnesses on hundreds of cases a year and the DA's office and cops have a very close working relationship. It's like prosecuting your BFF.