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NYPD Union Targets Cop Witness in Subway Sodomy Trial

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Michael Mineo
Although a jury found three NYPD officers not guilty of participating in the sodomy of a Brooklyn man in a subway station in 2008, the alleged victim's civil lawsuit is going forward. Plaintiff Michael Mineo has named Officers Richard Kern, Alex Cruz and Andrew Morales as defendants in the $400 million dollar suit against the city, but in a surprise move, the Patrolmen's Benevolent Association is trying to add another cop to the list of defendants. The PBA wants Officer Kevin Maloney, who broke ranks to testify against three fellow cops at their criminal trial, named as a defendant.

Mineo's lawyer Kevin Mosley says it smells like payback; Maloney was not arrested and was not named in the suit. Mosley tells the Daily News the PBA's attempt to add Maloney appears to be an act of "betrayal" and "mischief. They're trying to intimidate Maloney. We didn't name him in the complaint because we don't think he did anything wrong. The PBA is trying to hush him up by hoping he'll backtrack his testimony if he's a defendant." But the PBA insists Maloney should be liable for civil damages because he helped handcuff Michael Mineo before, he says, Officer Kern penetrated him with a police baton.

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Comments [rss]

  • jaycjay

    The linked story (and so the version here that apparently draws only from it) is pretty vague about what's actually up with the suit, so let me try to clarify: originally the suit named the city and specifically four cops, including the three who were acquitted. Additionally it targeted unspecified other officers who were at the scene, and unspecified NYPD supervisors.

    A judge, however, split it into two separate suits. The one against the named officers will be heard first. If they're found liable for damages, the second suit, which could mean liability for the city will proceed. If they're not found liable, the second suit will be tossed.

    If Mineo wins the first suit and not the second, the city is off the hook and only the defendant officers will be compelled to pay.

    The move being discussed here would add Maloney as a defendant in the first suit.

  • JacqueMehoff

    compare this to the cop lying on tape story today.

  • roadblock

    Where exactly is the racism? Two Hispanic cops and a white cop are accused of sodomizing a Hispanic man. Some people will really go out of their way to yell racism. To me that's racist.

    This guy sure seems like a grifter from the testimony I've read.

  • Skunky

    Note the city isn't a defendant per the post, so it's not our hard-earned tax dollars he's looking for, but the cops personal money. Which they presumably have less of than the city does, so he's less likely to collect.

  • xgeyiph772

    "Plaintiff Michael Mineo has named Officers Richard Kern, Alex Cruz and Andrew Morales as defendants in the $400 million dollar suit against the city..."

    Sounds like a suit against THE CITY, with the officers named as defendants. Really, where do you think 3 cops would get $400 million from? Their 401k? It'll be 400 mil of your money, as big as the MTAs current shortfull.

  • kazubes

    Just because Maloney is not a target of interest for Mineo and his lawyer at this time doesn't mean they won't look to sue him down the line if they lose the case

  • Cannibal

    I need to get a shirt printed of that face RIGHT NOW.

  • NattyB

    + 1

    imagine the fauxhemian cred you'll get for dat

  • justthinkin

    Fauxhemian. First time I've heard that. Brilliant.

  • horseplay

    You said: "he will be much less likely to testify" because he could be on the hook for part of the damages...} That would be pay back not tactical. As for the nypd and the so-called justice system, that would be the typical corruption to cover for dirty racist police officers

  • SohoTimmy

    It's clearly tactical not pay back. If they can bring him in as a defendant then he will be much less likely to testify because he could be on the hook for part of the damages. Very smart move.

  • thefacts

    Nice to see that someone has sense here.

  • Peter

    Hideous eyeglasses.

  • justthinkin

    What the hell is UP with those glasses? Did he hire the ghost of Swifty Lazar as his agent?

  • xgeyiph772

    Hideous case. This guy is a douchebag who won't let go, and will probably sucker some B'klyn jury into giving him a few million of our hard-earned tax dollars. Gotta love this town!

  • Bike Rider

    am i to understand that if you were sodomized, you'd be ready to "let go" and forgive and forget?

  • xgeyiph772

    If I were sodomized, no I wouldn't forgive or forget. But a jury of his "peers" (sorry if I insulted you, jury members) could not prove that this guy was actually sodomized. Does it occur to you that maybe, just maybe, this guy is lying? That it was always about the money? That he's a douche who doesn't work and wants to cash in using YOUR MONEY? You want to personally give him a few million of your money, go right ahead. Enough douchebags get my money every day.

  • LB

    "Enough douchebags get my money every day."

    What money ? What your Barbie Penthouse on UWS ? What the hell are you talking about ? Don't get me wrong here with this Assclown . He's dirty as a fuck ! But he is entitled to a fair trail in court . You are correct in your statement that the jury had arrived at the decision that the cops did not violate his rights . That may, or may not be the correct judgement but it's his right . As far as "Your money" is concerned, It's not your money, It's taxes you and everybody in this country paid to the Federal, State, and Local Government . what you thought that because they give you a refund after you pay them for the umpteenth time during that year that you are entitled to claim it as your money ? No foolish little man it's not your money ! You just paying your way till you get to oldand the Government has to come up off that S.S.I for you . That's your Money !

  • NattyB

    uh, this is the legal system we have.

    Many times, people are acquitted criminally, but, are still found liable in civil court.

    remember OJ? innocent, but found liable for Nicole's death and owed $20M+.

    Beyond a reasonable doubt, is a very high standard. But, in civil court, it's merely the preponderance of evidence. The city's going to settle. The amount is the real question.

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