Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Three police officers were charged on Tuesday for their roles in the alleged assault of a 24-year-old body piercer on a busy Brooklyn subway platform in October. One of the officers, Richard Kern, who is accused of sodomizing the man with his baton, faces the most serious charge, aggravated sexual abuse in the first degree.
The two other officers, Alex Cruz and Andrew Morales, were charged with hindering prosecution and official misconduct.
Brooklyn District Attorney Charles Hynes announced the indictments at news conference several hours after the three officers surrendered, detailing the accusations and disclosing the charges by the grand jury that painted a chilling picture of police brutality. The officers were awaiting arraignment later Tuesday.
The police department was initially criticized for not taking Mr. Mineo’s accusations seriously. “The initial report was one of disbelief," Mr. Hynes said at the news conference. "But it was soon changed because of evidence."
Paul J. Browne, a police spokesman said the department’s investigation was aggressive in locating additional records, reviewing hours of videotape, examining MetroCard records and retaining equipment for DNA testing.
Mr. Kern, 25, who could face up to 25 years in prison for aggravated sexual abuse if convicted, was also charged with assault in the first degree as well as other felonies. Mr. Morales was also charged with offering a false instrument and falsifying business records.
“They tried to make this thing go away,” Mr. Hynes said.
The victim, Michael Mineo, claimed that he had been sodomized by Mr. Kern’s police baton on Oct. 15, after a chase onto the crowded subway station.
Before the arrest, Mr. Hynes said, Mr. Mineo had allegedly been smoking marijuana, threw the cigarette to the ground and, after being questioned by Mr. Mineo and Mr. Morales, fled into the subway station.
Mr. Hynes said that Mr. Kern, Mr. Morales and Mr. Cruz then subdued Mr. Mineo, who was lying face down near the token booth.
Mr. Mineo said it was then that Officer Kern shoved his retractable baton into his anus.
“Mineo’s screams that he had been violated were heard by several civilian witnesses,” Mr. Hynes said. “It is alleged that Mineo’s complaints, that he was bleeding from his rectum, were ignored by the police officers.”
The district attorney said Mr. Kern issued Mr. Mineo a summons for disorderly conduct, which was found to be defective because it was backdated to January. Mr. Kern then released Mr. Mineo, Mr. Hynes said, but warned him not to report the incident or he would be charged with a felony.
After the incident, Mr. Mineo was treated at Brookdale Hospital, which notified the district attorney’s office. When the police officers from Brooklyn’s 71st Precinct did not immediately cooperate in the investigation, Mr. Hynes empaneled a grand jury on Oct. 28. For six weeks, the jury heard testimony from approximately 20 witnesses, and was presented with forensic evidence.
Mr. Hynes credited two officers, Noel Jugraj of the 71st Precinct, and Kevin Maloney, a transit officer, for stepping forward and testifying.
Mr. Maloney testified that Officer Kern touched Mr. Mineo’s buttocks with his baton. He waited several days before reporting what he saw, however, and police officials have said that other witnesses initially questioned by the department’s Internal Affairs Bureau did not see an assault.
My. Hynes confirmed that the witnesses did not see an assault, though they did say they heard Mr. Mineo’s screams.
Mr. Cruz and Mr. Morales were not charged with assault. But, as Mr. Hynes added, “It’s clear if they made any attempt to stop this, they wouldn’t be in hot water.”
Stuart London, the attorney for Officer Cruz, said: “The charges against my client are predicated on him knowing a crime was committed. My client never knew a crime was committed, so the whole case against him falls like a house of cards.”
The president of the Patrolmen’s Benevolent Association, Patrick J. Lynch, said in a statement: "An indictment is nothing more than an accusation and police enjoy the same presumption of innocence as everyone else. Police do a tough and dangerous job everyday and we have earned the benefit of a doubt with our blood and sacrifice. No one should come to any conclusions before all the evidence is heard."
The Police Department left the officers on active duty for nearly three weeks after the encounter, but has since refused to discuss many their careers in detail, including the number of arrests they have made and whether they have been the subject of any disciplinary actions.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The New York Times
Author: Al Baker and Mick Meenan
Copyright: 2008 The New York Times
Contact: The New York Times > Member Center > Site Help > customer service: Information and Services Directory
Website: Three Officers Charged in Brooklyn Assault
The two other officers, Alex Cruz and Andrew Morales, were charged with hindering prosecution and official misconduct.
Brooklyn District Attorney Charles Hynes announced the indictments at news conference several hours after the three officers surrendered, detailing the accusations and disclosing the charges by the grand jury that painted a chilling picture of police brutality. The officers were awaiting arraignment later Tuesday.
The police department was initially criticized for not taking Mr. Mineo’s accusations seriously. “The initial report was one of disbelief," Mr. Hynes said at the news conference. "But it was soon changed because of evidence."
Paul J. Browne, a police spokesman said the department’s investigation was aggressive in locating additional records, reviewing hours of videotape, examining MetroCard records and retaining equipment for DNA testing.
Mr. Kern, 25, who could face up to 25 years in prison for aggravated sexual abuse if convicted, was also charged with assault in the first degree as well as other felonies. Mr. Morales was also charged with offering a false instrument and falsifying business records.
“They tried to make this thing go away,” Mr. Hynes said.
The victim, Michael Mineo, claimed that he had been sodomized by Mr. Kern’s police baton on Oct. 15, after a chase onto the crowded subway station.
Before the arrest, Mr. Hynes said, Mr. Mineo had allegedly been smoking marijuana, threw the cigarette to the ground and, after being questioned by Mr. Mineo and Mr. Morales, fled into the subway station.
Mr. Hynes said that Mr. Kern, Mr. Morales and Mr. Cruz then subdued Mr. Mineo, who was lying face down near the token booth.
Mr. Mineo said it was then that Officer Kern shoved his retractable baton into his anus.
“Mineo’s screams that he had been violated were heard by several civilian witnesses,” Mr. Hynes said. “It is alleged that Mineo’s complaints, that he was bleeding from his rectum, were ignored by the police officers.”
The district attorney said Mr. Kern issued Mr. Mineo a summons for disorderly conduct, which was found to be defective because it was backdated to January. Mr. Kern then released Mr. Mineo, Mr. Hynes said, but warned him not to report the incident or he would be charged with a felony.
After the incident, Mr. Mineo was treated at Brookdale Hospital, which notified the district attorney’s office. When the police officers from Brooklyn’s 71st Precinct did not immediately cooperate in the investigation, Mr. Hynes empaneled a grand jury on Oct. 28. For six weeks, the jury heard testimony from approximately 20 witnesses, and was presented with forensic evidence.
Mr. Hynes credited two officers, Noel Jugraj of the 71st Precinct, and Kevin Maloney, a transit officer, for stepping forward and testifying.
Mr. Maloney testified that Officer Kern touched Mr. Mineo’s buttocks with his baton. He waited several days before reporting what he saw, however, and police officials have said that other witnesses initially questioned by the department’s Internal Affairs Bureau did not see an assault.
My. Hynes confirmed that the witnesses did not see an assault, though they did say they heard Mr. Mineo’s screams.
Mr. Cruz and Mr. Morales were not charged with assault. But, as Mr. Hynes added, “It’s clear if they made any attempt to stop this, they wouldn’t be in hot water.”
Stuart London, the attorney for Officer Cruz, said: “The charges against my client are predicated on him knowing a crime was committed. My client never knew a crime was committed, so the whole case against him falls like a house of cards.”
The president of the Patrolmen’s Benevolent Association, Patrick J. Lynch, said in a statement: "An indictment is nothing more than an accusation and police enjoy the same presumption of innocence as everyone else. Police do a tough and dangerous job everyday and we have earned the benefit of a doubt with our blood and sacrifice. No one should come to any conclusions before all the evidence is heard."
The Police Department left the officers on active duty for nearly three weeks after the encounter, but has since refused to discuss many their careers in detail, including the number of arrests they have made and whether they have been the subject of any disciplinary actions.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The New York Times
Author: Al Baker and Mick Meenan
Copyright: 2008 The New York Times
Contact: The New York Times > Member Center > Site Help > customer service: Information and Services Directory
Website: Three Officers Charged in Brooklyn Assault
