Though a grand jury acquitted three police officers of participating in the sodomy of Michael Mineo in the Prospect Park subway station two years ago, Mineo is pushing forward with his civil lawsuit against the city. Yesterday, he took the stand to tell his side of the sodomy story to the jury, and naturally the Post was there to avidly jot down notes:
"I felt my boxers come off my behind," said Mineo as he held up his fist in Brooklyn federal court to serve as a depiction of his rear end and then poked it with a pen. "This is my anus. It [the baton] went one, two three, and then it went in. I saw a white light and then I was brought to my feet. I was in shock.
I was coming to my senses. I asked officer [Alex] Cruz, ‘Did you stick something in my ass? He said ‘You liked it faggot. I became enraged and I flipped out. I told everyone ‘They stuck something in my behind!’ "
Despite testimony from another officer who broke ranks to testify against three fellow cops, the jury in the criminal case didn't buy Mineo's story. But last month his lawyers filed papers in federal court alleging that police investigators tampered with a crucial piece of evidence: their client's boxer shorts. Photos of the boxers before and after they were entered in as evidence would seem to support their claim. The shape of the tear in the boxers may have been a turning point in the criminal case, because an NYPD fiber expert testified that the officer's police baton, or ASP, "could not have possibly made the hole in this underwear."
During cross-examination, attorney Mitch Garber sought to discredit Mineo, pointing out that he was unemployed for sixth months before the incident, and claiming that Mineo was heard saying "I’m going straight to a lawyer," immediately after the incident. Mineo also emailed his boss with the word "a milla" repeated several times, which suggests the expected to win millions in a lawsuit. Indeed, he's seeking $440 milla.