The New York Criminal Law Blog

NY City Subway Sodomy Trial Begins

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The criminal trial of three NYPD officers is underway for the alleged assault of Michael Mineo.

The incident in question occurred in October of 2008 when Mineo was running from the cops in the subway. When he was pinned down at a platform in Prospect Park, Mineo claims that the officers removed his pants while another officer sodomized him using his police baton ().

Following the event, Mineo's attorney filed a personal injury lawsuit against the city for $220 million.

In the criminal trial against the officers, Richard Kern is being charged with aggravated sexual assault and the other two officers, Alex Cruz and Andrew Morales are charged with covering up the incident. As the officers' defense, Kern's attorney claims that Mineo did it to himself: "He was digging and digging at his backside" ().

The defense is also bringing up Mineo's criminal past and his personal injury lawsuit, which is now up to $440 million: "He's trying to scam the people of New York City... You should send Mr. Mineo packing back to the state of Pennsylvania where he has many [outstanding] warrants"

On the side of the prosecution, their witnesses claim to have heard the officers say say things like "You liked it," and "You are a f-----t," once Mineo was detained. When Mineo was on the stand, he detailed his alleged attack: "I felt a hard object being forced into [me]... It was a pain, a pain" ().





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