Today Officer Richard Kern, accused of using his retractable police baton to sodomize a man resisting arrest in a Brooklyn subway station in 2008, took the stand to defend himself. "I did pull out my expandable baton, better known as an asp," Officer Richard Kern told the jury. "It was not open. It was in my right hand." Then Kern's defense attorney John Patten asked the multi-million dollar question: "Did you at any time while you had the asp in your hand stick it up Mr. Mineo's rear end?"

"No, I did not," Kern, 26, replied. "I was holding his legs down on the ground so he couldn’t kick nobody... I was the lead guy chasing after him. I didn't know what I was getting into. It was just for my safety, I pulled it out, but not open." Earlier in the trial, a transit cop testified that he witnessed Kern shove the baton into alleged victim Michael Mineo's buttocks, and Mineo's blood was later found on it. Two other officers, Alex Cruz and Andrew Morales, are accused of helping Kern cover up the assault by letting Mineo go with a summons—despite the fact that he ran from them after being spotted smoking marijuana, resisted arrest, and had outstanding warrants.

Officer Kern testified today that he thought Mineo's screaming accusations of sodomy were all an “act,” and asserted that Mineo calmed down once he was told he might walk away with only a summons. According to the Times, Officer Morales, who was not in the subway station during the alleged assault, took the stand after Kern. The defense is expected to rest soon after almost three weeks of testimony.