Friday, February 19, 2010
Juror #6 Out In Mineo Trial
The Times reports that juror #6 has been dismissed for bringing up the fact that one of the cops was accused of misconduct before. I know that we shouldn't speculate but it appears that there are a few sympathetic souls for Mineo on the jury. Good. I have a gut feeling that they are going to find the cop guilty. Those defenders of Mr. Kern have yet to be able to explain how Mineo's DNA was on the baton. They can't because they know what Kern did. I look forward to Mineo getting his settlement so that he can move away and start a new life for himself.
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All Officers Are Acquitted in Mineo Abuse Trial
ReplyDeleteThree police officers were acquitted on all counts Mondaymorning in a Brooklyn police-brutality trial.
The jury declared that Officer Richard Kern was not guilty ofassaulting Michael Mineo in a Brooklyn subway station, therefore making the charges that two other officers helped him cover up the abuse irrelevant.
The verdict came after just one full day of deliberations ina trial that had lasted four weeks.
All 3 cops cleared in subway sodomy
ReplyDeleteJury casts doubt on accuser
By ALEX GINSBERG and MATTHEW NESTEL
February 23, 2010
A Brooklyn cop charged with sodomizing a fleeing suspect with his police baton was cleared of all charges yesterday, while two other officers were acquitted of helping to cover up the alleged attack.
A jury of six men and six women deliberated about 2½ days before reaching the not-guilty verdicts for the accused attacker, Richard Kern, 26, and his co-defendants, Alex Cruz and Andrew Morales, both 28.
Jury forewoman Jamie Dove told The Post the panel was troubled by the inconsistencies in the story told by Kern's accuser, 25-year-old Michael Mineo.
"It was just reasonable doubt," said Dove, a photographer. "Things weren't consistent. Stories were changing from the grand jury testimony to what he said he saw . . . He used different words. He went from 'rammed' to 'side to side.' So he wasn't sure about what was done to him."
She said jurors wondered why so much key evidence -- Mineo's shorts and pants and surveillance video of him shortly after the attack -- was introduced by the defense, rather than the prosecution.
"The fact that the defense did it was a red flag," she said.
Hours earlier, as Dove pronounced Kern not guilty on the charges of aggravated sexual abuse and assault, the married father of three crossed himself and looked up at the ceiling.
"No doubt I knew coming into this I was innocent. I was going to stand up for myself and prove my innocence," said Kern, a six-year NYPD veteran. "I'm glad the system works. I had faith in this Brooklyn jury."
Prosecutors said Kern violated Mineo, using a retractable baton known as an ASP, following a chase into the Prospect Park subway station on Oct. 15, 2008.
A transit cop, Kevin Maloney, testified he saw Kern place the ASP between Mineo's buttocks, but another officer, Noel Jugraj, said he saw nothing, and a token booth clerk concurred.
But it was Mineo's obvious exaggerations -- like his claim that blood was dripping down his thighs -- that had defense lawyers sensing victory.
"The man is simply just not credible," said Kern's lawyer, John Patten. "There's a whole host of things this young man was lying about. When big bucks are on the line, people have a motive [to lie]."
Mineo's $440 million civil lawsuit against the city is pending in federal court.
Cruz, who broke into tears when the verdict was announced, did not comment.
Morales said, "It was very hard sitting there and listening to all the lies."
Despite the acquittal, the NYPD still must conduct an internal investigation and determine whether to seek to fire or discipline the officers.
Mineo, who muttered, "Faggot," as the just-acquitted officers walked by him, told reporters he now believed cops could get away with anything in New York City and cited the Sean Bell case.
"You want to commit a murder and get away with it, join the NYPD," he said at a news conference held at the Rev. Al Sharpton's National Action Network headquarters.
Sharpton criticized the Brooklyn DA's Office for its handling of the case.
"It would seem that the prosecution allowed the victim to go on trial," he said.