Michael Mineo after his ordeal in October of 2008
In an update on a case we reported earlier, a Man who was chased into a subway station in New York City after being observed smoking marijuana by police has been victimized a second time when all three of the New York City Police officers were acquitted of the crime of sodomy and sexual assault. Michael Mineo took the stand to testify in the case after the October 2008 incident where he says he was held down by two officers and sodomized with a baton by the third officer. The police officers then gave him a summons and threatened that they would go to his house and serve him with a felony charge if he went to the hospital for treatment. Mineo says that this corroborates his story because he had a warrant out for his arrest at the time of the incident, but was let go. There was also a transit system police officer who witnessed the incident and testified for the prosecution, but jurors ultimately said that they found reasonable doubt.
Defense attorneys worked relentlessly to question Mineo’s credibility, seizing on admissions he made on the witness stand. He said he was a member of the Crips gang and also admitted to regularly using marijuana. Officer Richard Kern, the accused, had faced as many as 25 years in prison if convicted of aggravated sexual abuse, while Officers Andrew Morales and Alex Cruz could have gotten up to four years on charges of hindering prosecution. Two previous excessive force complaints made against Kern were found to be unsubstantiated, but the city settled with one accuser for $50,000. Mineo was in the hospital for days with a non-penetrating wound, then returned later for care for an internal abscess. Doctor’s said his injuries were consistent with his claims, but defense doctors testified that Mineo could have had a pre-existing condition to explain the abscess.
The officers remain on modified duty pending a departmental review and Mineo says he will go forward and file a lawsuit against the City.
In an update on a case we reported earlier, a Man who was chased into a subway station in New York City after being observed smoking marijuana by police has been victimized a second time when all three of the New York City Police officers were acquitted of the crime of sodomy and sexual assault. Michael Mineo took the stand to testify in the case after the October 2008 incident where he says he was held down by two officers and sodomized with a baton by the third officer. The police officers then gave him a summons and threatened that they would go to his house and serve him with a felony charge if he went to the hospital for treatment. Mineo says that this collaborates his story because he had a warrant out for his arrest at the time of the incident, but was let go. There was also a transit system police officer who witnessed the incident and testified for the prosecution, but jurors ultimately said that they found reasonable doubt. Defense attorneys worked relentlessly to question Mineo’s credibility, seizing on admissions he made on the witness stand. He said he was a member of the Crips gang and also admitted to regularly using marijuana. Officer Richard Kern, the accused, had faced as many as 25 years in prison if convicted of aggravated sexual abuse, while Officers Andrew Morales and Alex Cruz could have gotten up to four years on charges of hindering prosecution. Two previous excessive force complaints made against Kern were found to be unsubstantiated, but the city settled with one accuser for $50,000. Mineo was in the hospital for days with a non-penetrating wound, then returned later for care for an internal abscess. Doctor’s said his injuries were consistent with his claims, but defense doctors testified that Mineo could have had a pre-existing condition to explain the abscess. The officers remain on modified duty pending a departmental review and Mineo says he will go forward and file a lawsuit against the City.
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Holy Crap Man… Someone tell me there is a Civil lawsuit against the NYPD. As a 47 year old man I can only say… Michael Mineo, hold your head up and fucking sue these bastards. Then burn their house’s down!
DUDE.
my heart goes out to you.. FIGHT FIGHT FIGHT dont let them get away with this. ..