Quantcast

Smoking Underwear In Subway Sodomy Case

052510smokund2.jpg
Images via Cityroom

Lawyers for the man who accused NYPD officers of sodomizing him as he resisted arrest in a Brooklyn subway station have filed papers in federal court alleging that police investigators tampered with a crucial piece of evidence: their client's boxer shorts. One of the pivotal moments in the criminal trial—which resulted in the acquittal of all three cops—came when an NYPD fiber expert testified that the officer's police baton, or ASP, "could not have possibly made the hole in this underwear. This is a square hole."

The fiber expert also testified that the hole had been "cut out" or "punched," because it's a clean hole with no flap of material left. Lawyers for the three officers successfully argued that Mineo, a body piercer, used one of his own tools to make the hole after the fact. But yesterday attorneys for the alleged victim, Michael Mineo, asserted that the NYPD altered the shape of a tear in the boxers from one with an L-shaped flap to one with a square hole.

Mineo's $440 million civil trial against the NYPD and the officers is set to begin in two weeks, and his lawyers say that these photographs were not seen during the criminal trial, asserting they "show proof positive that the underwear did not have a square hole when initially photographed, but had a perforation with an ‘L’ shaped flap, and that there was no missing material." They had planned a press conference yesterday afternoon to expose the boxers, but canceled after being summoned to court by the judge in the civil case, Jack B. Weinstein.

Lawyers for the NYPD had sought a gag order to suppress the boxers, and police union lawyer Mitchell Garber told the Daily News that Mineo's lawyers were trying to influence the jury pool. Judge Weinstein declined to stop Mineo’s lawyers from discussing the evidence, but he did ask them to refrain from airing the dirty undies publicly, saying "I know this is a high-profile case, but I don't want this to be an incendiary case." Certainly not—it's just your ordinary, garden variety lawsuit accusing cops of sodomy.

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

Comments [rss]

  • sexisicilian

    Why doesn't this a--hole get a fuckin job already. Lazy piece of shit!!

  • Guest

    He has a job as a body piercer. You might want to bone up on reading comprehension.

  • FelixtheCat & Christine Quinn'

    Hotstepper, LOL.

  • FelixtheCat & Christine Quinn'

    He had a lousy lawyer. A lawyer would have secure the evidence and noted ant tampering immediately. A good lawyer would have made his client dress properly.

  • hotstepper

    "A good lawyer would have made his client dress properly."

    jesus christ, i agree with you. what is this world coming to?

  • JacqueMehoff

    his lawyer was the DA's office, that tells you how hard they worked on this case.

  • ProcedureTurn

    serious? he went with a public defender on this?

    Talk about droppiing the ball... This guy gets NO SOUP!

  • Politburo

    Mineo was not on trial. The officers were.

    So the DA's office was, in effect, representing Mineo.

  • theevilone

    Why weren't these photos presented as evidence during the criminal trial?

  • BillyShears

    It takes a strong will to write a post like this and not go for the "airing of dirty laundry" line. I'm impressed.

    (Also: weak-willed.)

  • robingee

    Why would they go through the underwear? Haste?

  • whitecastlerock

    Smoking gun? Two different camera angles show the same hole in the boxers and in this civil suit...

  • Kojak

    At this rate, soon they'll be posting shots of his crusty, perforated anus. All for $440 Million.

  • Gothamist_Cynic

    Talk about a glory hole.

  • JGNY

    gah! How about a NSWEB (not safe while eating breakfast) warning?

  • Rocknrope

    Give me a break, it's just a pair of boxers. You're a New Yorker, toughen up.

  • MT

    I guess I'm not the only one totally grossed out by looking at this man's dirty underwear. That's pretty foul.

  • John Del Signore

    That's blood, fyi.

  • hotstepper

    if those stains ain't shit, you must not acquit!

  • militza

    that is too funny!

blog comments powered by Disqus

send a tip

tips@gothamist.com