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Loading ...Man sues NYC cops for $220M over alleged sodomy attack
05.29.2009 12:03pm EDT
(New York City) A man filed a $220 million lawsuit on Thursday claiming that New York Police Department officers robbed him of his civil rights by sodomizing him with a baton in a subway station.
Michael Mineo, a body piercer who works in a tattoo parlor, spelled out his allegations in graphic terms after exiting federal court in Brooklyn with his lawyers.“I’m embarrassed,” the 24-year-old told reporters. “I didn’t ask for this to happen to me. … I’m a man. I was raped by four men who held me down and put a baton in my rectum. How am I supposed to feel?”
The suit against the city, NYPD and four officers alleges the patrolmen conspired to violate Mineo’s rights on Oct. 15 with a “willfully malicious and vicious assault.” It says the attack caused “extreme physical, mental and emotional harm and distress” and “exposed the plaintiff to public scandal and disgrace.”
The city Law Department said it would “thoroughly review” the court papers but declined to comment further.
Three officers named as defendants in the suit were charged last year in a criminal indictment. Officer Richard Kern pleaded not guilty to sexual abuse and assault; and Alex Cruz and Andrew Morales pleaded not guilty to hindering prosecution and official misconduct on suspicion of covering up a crime. All three have vehemently denied the any wrongdoing.
Prosecutors allege that Kern and Morales spotted Mineo outside the subway station smoking marijuana. After they sought to stop him, he fled into the station, jumped a turnstile, ran toward the platform and hurdled another turnstile before he was pinned, handcuffed near a token booth and searched for drugs, they said.
With Mineo in a “helpless position” with his pants down, Kern took out a retractable baton and shoved it into the victim’s buttocks, prosecutor said. The baton pierced Mineo’s underwear, tore his rectum and drew blood, they said.
To cover his tracks and with the other officers’ knowledge, Kern wrote Mineo “a bogus summons” that was purposely backdated so it would be invalid, then warned him to keep quiet or face a felony, prosecutors said.
Police initially questioned Mineo’s account and allowed the officers to stay on duty. But the case gained momentum in late October after Mineo’s lawyers went public with his allegations and the district attorney launched a grand jury investigation.
If convicted, Kern could face up to 25 years in prison; the others could face up to four years.
I hope he has witnesses and some collaboration evidence. Police are very protective of their own. He may win but not 220 million.
I am also surprised that the police in this day would even do something like this. Assuming there is some evidence the police or mayor should fire the people involved (and no pension)
I think the should ask for more than just money,,, each officer should be “punked” out either with a baton, or his D**K with all the other officers in his district watching
odannyoh@hotmail.com
RE doubts
A hospital visit the day of the arrest that documents a pierced rectum would seal the deal.
Also, I’m thinking that the law we just passed here in MA decriminalizing pot would go a long way to preventing this type of thing. The law we have here says that police should not make it a priority to chase someone who is smoking a joint, and they can’t arrest him for it. They can confiscate the pot, search for larger amounts, and so on, but the whole idea is not to “make a big deal” out of someone smoking a joint. That might have prevented this whole incident from escalating.
Didn’t the cops do the same thing to a Somalian or Nigerian immigrant in NY when they thought he was a drug dealer but they had the wrong man?
Anyway, Mineo deserves the money. I’m sure this can be easily proved because of the physical damage done to that region. And if proven, think about the emotional trauma that’s been inflicted on Mineo.
I’d never feel safe again!
As for 220M being too much…that has more to do with the lawyers than the plaintiff.
The higher the award, the higher the commission.
Sooooo…attorneys ask for outrageous amounts as any amount they ask for will be–usually–trimmed by the judge, who, let’s face it, is probably getting a piece of whatever action he agrees NOT to trim.
It’s a nice little dance that has been worked out in the back-graft rooms of “justice” for centuries.
The lawyers ask for 100 million because then they’ll get 50 million.
The judge threatens to hone the award to 10 million…unless….
So, the attorneys agree to take 30 million, the judge gets lowers the damages 10 million, pockets 5 million and the plaintiff is lucky, if, after court costs and whatever else the state can come up with to charge, he walks away with 6 figures, let alone 7.
This is why we need rights and laws for all us homosexuals and for anyone who has been victimized like this man was; even if he is not gay he should still be protected by gay laws and rights.
Hi David Gibson:
Past reports have said Mineo was admitted to a hospital and treated for damage to his rectum.
That’s how the whole prosecution thing started, as–I think–such attacks have to be reported by the medicos, regardless of what the victim does afterward–pursue/not pursue.
I don’t know . . . I just don’t know . . . Personally, I would like to know much more about this entire matter. A thorough investigation is certainly necessary. Records of the officers need to be reviewed and a full background check of the individual claiming the incident needs to be looked into, as well. Somehow this just doesn’t ring quite true to me. But if indeed it is true . . . well then, may the police officers who perpetrated this offense be sent immediately to jail and then hell.
This victim surly deserves to be compensated for this terrible crime against another.
But right when New York is so strapped for cash that really has to come from the tax payers, I say this. Give the victim 2M and allow the victim to ram the ass holes of the cops as hard as he can,for as long as he wants with the same baton. Cops would be butt naked hand cuffed, with a dildo stuffed in their mouth in public.
The entire police force must attend and witness the Butt F Mono logs.
Then give them all life in general jail population.
I agree that this is wrong, and there should be a prison sentence, and possibly some monetary reward for the victim, but $220M!?! Isn’t that a little exessive, and just a quick way to get rich?
Sexual assault, regardless of the genders of the perpetrator(s) and the victim, is devastating. This incident sounds pretty outrageous, but I hope the NYPD started the investigation soon enough to gather evidence. If proven, I hope these “cops” get what’s coming to them.
There they go again. Apparently for the AP, “sodomy” is anything other than actual sodomy.
Theory: With all the piercings and generally being on the “other side” of the law, this guy was probably assumed to be gay by his appearance, and the cops (former high school meat-heads with authority) thought they might have some fun. You know…its like when your pulled over in rural Texas and the cop treats you like your an unwelcome traveler in HIS land.
The same old cliche’s perpetuate themselves to no end…well, that’s my opinion.
I hope this guy gets every cent and, obviously, wasted careers for the cops.
This story is just incredible. If true, one questions why the police would perform such a violent act on this man. I can understand hitting him with the baton, or punching him (mind you, understand, not condone.) However, moving to a sex crime does not make sense.
If this is true, these police should be sent away forever for abusing the citizens’ trust. If it is false, the proported victim should be incarcerated forever.
OOO! Cops go to jail. …..Now that could be ‘interesting.’