November 21st, 2009
 

365 Gay: News

Two separate cases of forced sodomy investigated in NYC


(New York City) After weeks of conflicting accounts about a shocking claim of police brutality in a subway station, three patrolmen were notified Monday they will face criminal charges in the case.

Officers Richard Kern, Alex Cruz and Andrew Morales were indicted last week by a grand jury investigating allegations by a tattoo parlor worker that police sodomized him with a piece of police equipment during an arrest, according to a law enforcement official. The official, who spoke on condition of anonymity because the indictment was sealed, declined to detail the charges.

Lawyers for Kern and Cruz said they were told their clients should surrender Tuesday for arraignment on unspecified charges. Calls to an attorney for Morales went unanswered.

The district attorney’s office refused to comment Monday but was expected to officially announce the charges Tuesday.

Kern, who was implicated by another officer as the main assailant, has denied any wrongdoing.

“We don’t know what the people’s proof is, but as far as I’m concerned my client is not guilty,” said Kern’s attorney, John Patten.

Cruz’s lawyer said his client also maintains his innocence. “He never observed any misconduct nor engaged in any misconduct,” said the lawyer, Stuart London.

The accused officers approached Michael Mineo on Oct. 15 outside a subway station because they believed he was smoking marijuana, police said.

When he fled into the station, they and two other uniformed officers wrestled him to the ground face down and handcuffed him.

Mineo, 24, a body piercer at a tattoo parlor, claims that during the struggle his pants were pulled down and one of the officers sodomized him as he screamed out in pain. He has said he believed he was violated with the antenna of a hand-held radio, and that the assailant was Cruz.

But a transit officer called as a grand jury witness early last month testified that he saw Kern wield a baton and put it near Mineo’s buttocks, according the law enforcement official. The transit officer was among the four who helped subdue Mineo, but has not been charged.

After Mineo was given a ticket for disorderly conduct and released, he was hospitalized for several days. Hospital discharge papers reviewed by The Associated Press show that upon arrival, he was diagnosed with “anal assault.”

The district attorney’s office launched the grand jury investigation in late October when the allegations came to light. The officers were placed on desk duty pending the outcome of the case.

The New York Police Department has said other eyewitness accounts don’t support Mineo’s claim he was sodomized. They include that of a transit employee who was called before the grand jury.

The incident has drawn considerable attention, with the Rev. Al Sharpton showing up at Mineo’s hospital bed after he suffered complications from his injuries and was readmitted for several more days.

Police critics have compared the case to that of Abner Louima, who was beaten and sodomized with a broomstick in the bathroom of a police precinct by NYPD officers. But there are many differences between the two cases.

The 1997 case stoked racial tensions in the city, with Louima being black and the officers white. Mineo is white, and the officers are black, white and Hispanic.

Meanwhile, in a separate New York City case, authorities say a 16-year-old boy has been charged with sodomizing a 14-year-old boy with a broomstick.

The Staten Island district attorney’s office says it is not ruling out more arrests.

Authorities said 16-year-old Joseph Lavalle was arraigned Saturday on a charge of aggravated sexual abuse and assault. He was released on his own recognizance and is due for another court appearance next month.

His attorney, Richard Kopacz, was not in his office for comment Monday morning.

Police say the incident occurred last week as the victim, the suspect and several other teens were hanging out together in the backyard of a Staten Island home.


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  • Themenstruator Said: December 9th, 2008 at 8:07 am
    • I think the thought here is, where there’s sodomy there’s homos? Like when there’s smoke there’s fire?
      What straight man would shove anything up another man’s ass? I think the latent animalist-ness is the focus. How these men are probably secretly gay? Like most men. I’m not going to lick some [woman]because I hate her or want to destroy her, mind you, but you boys act an awful funny way.

  • karl Said: December 9th, 2008 at 4:57 am
  • TANK Said: December 9th, 2008 at 1:19 am
    • Nah, this isn’t relevant lgbt news. Not newsworthy and is, kind of insulting to suggest that it is. Sorry, Frank, but prison rape doesn’t represent me, either…no connection with it at all. You see, same sex sexual assault can involve lesbian and gay participants, but not in this case. That commits the fallacy of behavior=orientation, and my sexual orientation isn’t exhausted by a sex act, assault or consensual.

  • Frank Said: December 8th, 2008 at 8:20 pm
    • This news is definitely relevant to our community – it is about using a (simulated) sex act between men as a weapon. It shows that, if the allegations are true, there is homophobia to be dealt with in the NYPD. If the allegations are false, it demonstrates a willingness by people to play a gay-panic game to try to discredit the police.

      Although there is a lot of important news that is clearly core to our interests, we need to pay attention to stories on the margins also.

  • Jay Said: December 8th, 2008 at 7:45 pm
    • When will people learn that hate has no color.

  • Beth Holden-Soto Said: December 8th, 2008 at 7:32 pm
    • I agree with the previous two comments. Were any of the victims gay? Or is the mere fact that it involves “sodomy” reason for it’s republication on 365gay.com?

  • sam Said: December 8th, 2008 at 4:20 pm
    • sodomy is a unsuitable word thats been misued for so a long time.

      It originated from the bible and whenever the word sodom is in it, it is referring to the city of sodom, i don’t understand why this website use such a word for the representation of homosexuality.

      also this isn’t news worthy

  • TheRadicalRealist Said: December 8th, 2008 at 4:08 pm
    • Just because these cases involve ’sodomy’ does not make them gay news-worthy. These cases are about sexual assault, not homosexuality.

      Fail.

 
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