Deadlocked jurors in the subway sodomy civil lawsuit reached an impenetrable impasse yesterday after four days of deliberations. After receiving several notes from the jury about their blockage, Federal Judge Jack Weinstein declared a mistrial, which makes this the second mistrial in Michael Mineo's civil lawsuit against NYPD officers accused of sodomizing him with a police baton after he resisted arrest in a Brooklyn subway station in 2008. Earlier this year, a jury acquitted three of the cops, but they deadlocked on a verdict for Officer Richard Kern, whose baton had Mineo's DNA on it.
All of the officers were previously cleared of criminal charges, but Mineo's lawyers are determined to press on for monetary justice. There will be a third trial of Officer Kern, but it will have to proceed without a crucial piece of evidence: Mineo's torn boxer shorts, which mysteriously disappeared, possibly while in the custody of the Internal Affairs Bureau. "We're disappointed the jury wasn't able to reach a resolution, but this jury, like the last one, understood there was no intentional conduct," Patrolmen's Benevolent Association lawyer Mitch Garber tells the Daily News, which got a photo of Mineo looking sharp smoking outside the courthouse.