Officers Acquitted in Mineo Trial

[NX Express]

http://www.nytimes.com/2010/02/23/nyregion/23mineo.html?ref=nyregion

A Brooklyn jury found three police officers not guilty on Monday of abusing a suspect in the Prospect Park subway station during a 2008 arrest, in a case that recalled some of the city’s most notorious police brutality episodes but never generated as much public outcry or departmental change.

Acquitting all three men on all counts, the jurors rejected Michael Mineo’s claims that Officer Richard Kern had attacked him and repeatedly rammed a baton between his buttocks, thereby making the charges against the two other officers — that they had helped cover up the abuse — irrelevant.

 

“I’ll finally get a good night’s sleep,” Officer Kern said after the verdict was read. “I’m glad the system works. It’s been a long road and it’s finally over, thank God.”

 

The verdict, by a jury of six men and six women, came after just one full day of deliberations in a trial that lasted four weeks. One juror, Stevan L. Miller, said in an interview that the prosecution’s case had “so many holes” that he and other jurors were shocked when they finished. “The defense didn’t have to do anything,” Mr. Miller said.

 

Mr. Mineo’s lawyers promised to push forward with a multimillion-dollar civil lawsuit against the city and to ask federal prosecutors to consider charges that his civil rights had been violated.

 

“It’s not over,” Mr. Mineo said. “I kind of had a feeling it would turn out this way. If you want to commit a murder, join the N.Y.P.D. and you get cleaned off.”

 

On Oct. 15, 2008, Officer Kern, assigned to a unit working from Brooklyn’s 71st Precinct, saw Mr. Mineo, a body-piercer, smoking marijuana on Flatbush Avenue and then chased him into the subway station. After a struggle, Mr. Mineo was handcuffed outside the station manager’s booth, then released with a summons despite a computer check that should have shown that there was an outstanding warrant for his arrest.

 

Officer Kern, 26, a married father of three, has been on the force five years. The other officers on trial were Officer Kern’s partner, Andrew Morales, 28, the son and brother of New York detectives; and Alex Cruz, 28, who looked toward the floor and cried as the verdict was read.

 

“It was very hard sitting there and listening to all the lies,” Officer Morales said afterward.

 

Officer Kern, whose confident, matter-of-fact testimony was a key part of the defense case, showed no expression before the verdict was read, then smiled, hugging his lawyer and his parents, who sobbed at news of the outcome.

 

Afterward, he said he hoped to “get back on the street and do what I love to do: protect the people of Brooklyn.”

 

Mr. Miller, the juror, said prosecutors never answered critical questions, like why there was no blood on the jeans Mr. Mineo was wearing during the confrontation. The jury asked the judge to play surveillance video from the day of the arrest in court. Though Mr. Mineo and another witness had testified that he had blood on his hand, jurors saw him place his hands in his pockets in the video and they asked to examine the jeans on their own. They found no blood in the pockets or the seat, Mr. Miller said. The jurors, Mr. Miller said, were also troubled by a hole in Mr. Mineo’s boxers: He said it was caused by the baton, but expert witnesses presented by the defense said that was impossible.

 

The prosecutors, Mr. Miller said, “were never able to answer how the hole was made.”

 

As soon as Mr. Mineo’s allegations emerged in 2008, they drew comparisons with the 1997 torture of Abner Louima, a Haitian immigrant who was sodomized with a broomstick by a police officer in Brooklyn’s 70th Precinct station house. The Louima attack became a national symbol of police brutality and racism, and the main officer involved was sentenced to 30 years in prison.

 

But while Mr. Louima’s injuries, including punctured internal organs and missing teeth, strongly suggested an attack, Mr. Mineo’s medical condition was more murky: His lawyers said he had developed an abscess, but they initially refused to release his medical records.

 

And while the attack on Mr. Louima by a white officer stirred longstanding complaints about the treatment of black men by the police, there was no racial component to Mr. Mineo’s case, since both he and the officers involved were white and Hispanic. It spawned neither major civil rights protests nor sweeping change to training or operations within the ranks. As the trial got under way in State Supreme Court in Brooklyn last month, there were neither protests outside the courthouse to support Mr. Mineo nor a sea of blue uniforms inside to support the officers.

 

Throughout, the defense made diminishing Mr. Mineo’s credibility a priority, telling jurors about his drug use, previous arrests and the federal civil rights lawsuit he filed against the city, seeking about $350 million in damages. (Mr. Louima won about $8 million in settlements).

 

With conflicting expert testimony on the physical evidence and medical records, jurors were left to sort through the recollections of witnesses, including two of the officers on trial and Kevin Maloney, a transit officer who happened to be at the Prospect Park station when Mr. Mineo burst inside.

 

During two hours on the witness stand, Officer Maloney said he had come forward to quiet false allegations that Officer Cruz had sodomized Mr. Mineo. He said he saw Officer Kern press his baton into Mr. Mineo’s buttocks, but also that he did not think it amounted to abuse.

 

Mr. Mineo’s own testimony provided the trial’s other highlight and its most colorful moments. On the witness stand, his straightforward, anguished account of abuse gave way to defiance as defense lawyers asked him about his lifestyle, his gang affiliation and even whether he paid taxes.

 

The jury’s forewoman, Jamie Dove, said: “He was animated. I didn’t judge him based on that or his past. It was just the evidence.”

 

During occasionally tense deliberations, one juror, a young woman, told the group that Officer Kern had been convicted of police brutality twice before, and was met with “shocked silence,” Mr. Miller said. She was replaced by an alternate juror on Friday. (Officer Kern was cleared in two cases of excessive force by the Civilian Complaint Review Board, but one of those cases, in 2007, led to two lawsuits the city settled for $50,000.)

 

Mr. Mineo was not in court for the verdict, but joined his lawyer to talk to reporters afterward in the hallway. As they spoke, the officers and their families exited the courtroom. Everyone exchanged glares, and then Mr. Mineo uttered a homophobic slur.

 

Prosecutors in the case left the courthouse without commenting. Later, when asked about it at an unrelated news conference, Charles J. Hynes, the Brooklyn district attorney, said, “I never look beyond the jury’s verdict, and I never speculate.”

[Joe]

A jury in Brooklyn of all places found cops not guilty. That really says something about this lowlife mopey piece of shit.

[Rutgers Tube]

I used to see Officer Kern getting breakfast at Terrace Bagels two blocks away from the "crime scene." He was with officers who looked twice his age. And he's a scrawny kid. The first time I saw him, I thought it was "Bring Your Kids to Work Day" at NYPD. Might as well have been...

[NX Express]

I used to see Officer Kern getting breakfast at Terrace Bagels two blocks away from the "crime scene." He was with officers who looked twice his age. And he's a scrawny kid. The first time I saw him, I thought it was "Bring Your Kids to Work Day" at NYPD. Might as well have been...

 

Bring Your Kids to Work In Uniform Day?

[Dan05979]

I'm glad, this mineo looks like real piece of shit.

[Rutgers Tube]

I'm glad, this mineo looks like real piece of shit.

 

What I want to know is how "about $350 million in damages" was decided upon as a "reasonable" award to pursue. First off, this Mineo guy isn't exactly the most productive member of society, and his past activities and presentation (gang affiliation, tattoos) came under question in the courtroom. Second, what kind of formulas and math is used in deriving that number? I'm familiar with starting high and coming to a deal, but where did that number come from? That seems totally arbitrary to me.

[Dan05979]

What I want to know is how "about $350 million in damages" was decided upon as a "reasonable" award to pursue. First off, this Mineo guy isn't exactly the most productive member of society, and his past activities and presentation (gang affiliation, tattoos) came under question in the courtroom. Second, what kind of formulas and math is used in deriving that number? I'm familiar with starting high and coming to a deal, but where did that number come from? That seems totally arbitrary to me.

 

I just read about him on wikipedia, it dosen't look pretty. Also about officer kern, is says the city had to payout $50,000 on a settlement for excessive force case. officer kern looks like a jerk-off cop also.

anyway, as soon as sharpton steps in it becomes a circus.

[Joe]

anyway, as soon as sharpton steps in it becomes a circus.

 

Why would Sharpton get involved here? The only black person involved was one of the cops...

 

Al only cares when the "victim" is black and the cops are white.

[nel070]

I think this decision was an outrage and an injustice, its a sad day for the citizens of New York when we give Police Officers license to kill and put sticks in people asses. I hope many of you who post realize the victim is not on trial here and three Police officers violated this man and deserved to be punished. I hope most of you realize American law is based on the Magna Carta which means no one is above the law which is the opposite of whats going on in New York right now with the New York City Police Dept being above the law.

[Rutgers Tube]

I just read about him on wikipedia, it dosen't look pretty. Also about officer kern, is says the city had to payout $50,000 on a settlement for excessive force case. officer kern looks like a jerk-off cop also.

anyway, as soon as sharpton steps in it becomes a circus.

 

Michael Mini-a-hole had already made a statement or comment either late last week or earlier this week about how he was fearful of a decision being made that would not be in his favor. Kern is another clown. And as far as any activists, politicians, attorneys, dignitaries, etcetera getting involved or making comments (which, in some cases are actually threats)... a ruling has been issued and the case is to be considered closed at this point. Everyone can move on with their lives and find another novel scenario in which he or she can play the victim in an attempt to score a comptroller's check. Of course, this isn't always the situation, but this foul cry seems to happen all too often these days.

[Dan05979]

Why would Sharpton get involved here? The only black person involved was one of the cops...

 

Al only cares when the "victim" is black and the cops are white.

 

I guess 'cause he's hispanic.

 

I'm kinda surprised this went the way it did. I really thought mineo was going to win this one, but i guess not.

[Joe]

I think this decision was an outrage and an injustice, its a sad day for the citizens of New York when we give Police Officers license to kill and put sticks in people asses. I hope many of you who post realize the victim is not on trial here and three Police officers violated this man and deserved to be punished. I hope most of you realize American law is based on the Magna Carta which means no one is above the law which is the opposite of whats going on in New York right now with the New York City Police Dept being above the law.

 

Hahaha.

 

Keep 'em coming, Johnny.

 

I guess 'cause he's hispanic.

 

Exactly. Al Sharpton only cares about black people.

[Rutgers Tube]

I think this decision was an outrage and an injustice, its a sad day for the citizens of New York when we give Police Officers license to kill and put sticks in people asses. I hope many of you who post realize the victim is not on trial here and three Police officers violated this man and deserved to be punished. I hope most of you realize American law is based on the Magna Carta which means no one is above the law which is the opposite of whats going on in New York right now with the New York City Police Dept being above the law.

 

Unless you were there and can provide case-changing testimony, refer to the judge's ruling as to what occurred. Mineo is no longer "the victim;" simply the plaintiff. And to whom is this an "outrage and an injustice?" I think it's a travesty. If I wanted to watch this sort of b.s. drama, finger-pointing and name-calling, I'd watch an episode of The O.C. or One Tree Hill. I should be reading about this having taken place in a supreme courthouse.

 

And Magna Carta is an old, antiquated piece of auctioned-off parchment that served it's purpose 900 years ago and became an influential template for future declarations of basic human rights, but most of its clauses have been repealed from English law for the past two centuries or more, and it was a little more complex than that when it was a valid piece of legislation.

[nel070]

Unless you were there and can provide case-changing testimony, refer to the judge's ruling as to what occurred. Mineo is no longer "the victim;" simply the plaintiff. And to whom is this an "outrage and an injustice?" I think it's a travesty. If I wanted to watch this sort of b.s. drama, finger-pointing and name-calling, I'd watch an episode of The O.C. or One Tree Hill. I should be reading about this having taken place in a supreme courthouse.

 

And Magna Carta is an old, antiquated piece of auctioned-off parchment that served it's purpose 900 years ago and became an influential template for future declarations of basic human rights, but most of its clauses have been repealed from English law for the past two centuries or more, and it was a little more complex than that when it was a valid piece of legislation.

 

I stand by that he is a victim, I dont know about you but i never heard the defense give a valid reason why this man, Minneo has a whole in ass that fits a POLICE BATON so he is a victim. I think u better do some research my man because the basis of the American Law System is the Magna Carta and the no man is above the law do you believe any man is above the law?

[Joe]

i never heard the defense give a valid reason why this man, Minneo has a whole in ass that fits a POLICE BATON so he is a victim.

 

Just because the shoe fits (in this case, nightstick fits), doesn't mean it was there.

 

Quote from the DN article:

 

No other witness testified to such brutality in broad daylight. A forensic expert testified that a hole in the boxers couldn't have been made by the round baton. Doctors disagreed on whether the limited injuries to his anus corroborated his story.

 

The experts didn't come to a conclusion, but you, oh so wise nel070, have come to a conclusion. How do you do it?

[Dan05979]

maybe he was f'd in his bum right before the incident?

[Joe]

maybe he was f'd in his bum right before the incident?

 

Oh great, not that can of worms!

[Dan05979]

Oh great, not that can of worms!

 

I'm just saying, he looks a lil queer, no?

[Locomotion69]

I think this decision was an outrage and an injustice, its a sad day for the citizens of New York when we give Police Officers license to kill and put sticks in people asses. I hope many of you who post realize the victim is not on trial here and three Police officers violated this man and deserved to be punished. I hope most of you realize American law is based on the Magna Carta which means no one is above the law which is the opposite of whats going on in New York right now with the New York City Police Dept being above the law.

 

AL SHARPTON? IS THAT REALLY YOU?

[nel070]

Just because the shoe fits (in this case, nightstick fits), doesn't mean it was there.

 

Quote from the DN article:

 

 

 

The experts didn't come to a conclusion, but you, oh so wise nel070, have come to a conclusion. How do you do it?

 

It's called common sense a whole in the back part of his underwear is caused by what a blunt object and whats a blunt object a baton and reguarding the victim being "QUEER" he has a girlfriend and a child.

[Joe]

It's called common sense a whole in the back part of his underwear is caused by what a blunt object and whats a blunt object a baton and reguarding the victim being "QUEER" he has a girlfriend and a child.

 

Former New Jersey governor Jim McGreevey was married twice and had a few kids, turns out he was into the the back end business too. Who would've guessed, huh?

 

I don't expect you to take any of that into consideration though, considering you seem to have a problem with facts.

 

Nobody knows except Mineo if that hole in his boxers was there before he got collared. How do you know it wasn't there earlier that day?

[nel070]

Former New Jersey governor Jim McGreevey was married twice and had a few kids, turns out he was into the the back end business too. Who would've guessed, huh?

 

I don't expect you to take any of that into consideration though, considering you seem to have a problem with facts.

 

Nobody knows except Mineo if that hole in his boxers was there before he got collared. How do you know it wasn't there earlier that day?

 

I guess the Police Officer who came forward and testified that he saw part of the attack has a problem with the facts too.

[Joe]

I guess the Police Officer who came forward and testified that he saw part of the attack has a problem with the facts too.

 

That cops' testimony didn't corroborate Mineos' version of what happened. It's also worth mentioning that first Mineo claimed a radio antenna was shoved in his ass, then it magically turned into a nightstick. I don't know how it works in nel070 land, but radio antennas and nightsticks are two very differently sized objects.

[nel070]

I dont think you take mental notes of what you be sodemized with while being sodemized. I would imagine that is a great pain and almost like asking a female rape victim how big was the perputrators penis.

[Joe]

I dont think you take mental notes of what you be sodemized with while being sodemized. I would imagine that is a great pain and almost like asking a female rape victim how big was the perputrators penis.

 

Obviously you missed the point of my post (this is a recurring issue for you, you may want to rectify that).

 

Mineo first claimed a radio antenna was used, then the story changed and the radio antenna became a nightstick.

 

Maloney only claimed it was a nightstick.

 

Where did the radio antenna nonsense come into play? Why would Mineo assume it was a radio antenna in the first place? Perhaps...it was because the story was bullshit?