All three officers also were charged with misdemeanors, including falsifying records.
The officers turned themselves in at the Brooklyn district attorney's office Tuesday. The indictment had been handed up by a grand jury last week.
Defense attorneys say the officers didn't do anything wrong.
"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.
RelatedSaid Cruz's lawyer, Stuart London: "He never observed any misconduct nor engaged in any misconduct."
Police said the three officers approached Mineo on Oct. 15 outside a subway station because they believed he was smoking marijuana. Hynes said Tuesday that Mineo fled into the station and jumped two turnstiles before he was pinned down and handcuffed.
Mineo, a 24-year-old body piercer, claims that during the struggle his pants were pulled down and one of the officers sodomized him as he screamed in pain. He says he believed he was violated with the antenna of a police 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 holding a baton near Mineo's buttocks, according to law enforcement officials.
Mineo was given a ticket for disorderly conduct and released. The district attorney said police threatened to arrest Mineo and charge him with a felony if he reported the episode to anyone.
Mineo's attorney, Kevin Mosley, said he was thrilled by the charges, particularly with the count alleging hindering prosecution.
"A message has been sent: The police cannot hinder and cover up bad cops," Mosley said.
Mineo was hospitalized for several days. Hospital discharge papers show he was diagnosed with "anal assault."
The attack has rekindled memories of the case of Abner Louima, a Haitian immigrant who was sodomized with a broomstick in a police precinct 11 years ago. That case ignited racial tensions in the city and led to convictions against the white officers.
But the reaction to the Mineo case has not been as intense. Mineo is white, and the officers are white, Hispanic and black.
All three officers also were charged with misdemeanors, including falsifying records.
The officers turned themselves in at the Brooklyn district attorney's office Tuesday. The indictment had been handed up by a grand jury last week.
Defense attorneys say the officers didn't do anything wrong.
"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.
RelatedSaid Cruz's lawyer, Stuart London: "He never observed any misconduct nor engaged in any misconduct."
Police said the three officers approached Mineo on Oct. 15 outside a subway station because they believed he was smoking marijuana. Hynes said Tuesday that Mineo fled into the station and jumped two turnstiles before he was pinned down and handcuffed.
Mineo, a 24-year-old body piercer, claims that during the struggle his pants were pulled down and one of the officers sodomized him as he screamed in pain. He says he believed he was violated with the antenna of a police 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 holding a baton near Mineo's buttocks, according to law enforcement officials.
Mineo was given a ticket for disorderly conduct and released. The district attorney said police threatened to arrest Mineo and charge him with a felony if he reported the episode to anyone.
Mineo's attorney, Kevin Mosley, said he was thrilled by the charges, particularly with the count alleging hindering prosecution.
"A message has been sent: The police cannot hinder and cover up bad cops," Mosley said.
Mineo was hospitalized for several days. Hospital discharge papers show he was diagnosed with "anal assault."
The attack has rekindled memories of the case of Abner Louima, a Haitian immigrant who was sodomized with a broomstick in a police precinct 11 years ago. That case ignited racial tensions in the city and led to convictions against the white officers.
But the reaction to the Mineo case has not been as intense. Mineo is white, and the officers are white, Hispanic and black.
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5:22 pm PST, Jan 28,
LAWRENCE H. BERRY JR., Maine
THIS PICTURE , IS THE ACTUAL ' MUG SHOT ' , TAKEN AT THE RUMFORD , MAINE POLICE DEPARTMENT . I WAS PULLED OVER FOR NO INSPECTION STICKER , ( WE WERE WAITING FOR THE TOWN OF RUMFORD , TO REPLACE OUR WINDSHIELD , THAT A TOWN TRUCK BROKE , BEFORE WE COULD GET A STICKER ) . I AM DISABLED WITH FIBROMYALGIA , AND AGORAPHOBIA , WHICH THE TOWN AND THE RUMFORD POLICE DEPARTMENT WERE ALL AWARE OF . OFFICER WINSON FREAKED OUT ON ME IN FRONT OF MY WIFE AND SIX CHILDREN , AND WAS POINTING A TASER AT ME , AND THREATENING TO SHOOT ME . HE NEGLECTED TO READ ME MY RIGHTS , AND ILLEGALLY SEARCHED AND SEIZED 3 MARIJUANA JOINTS I HAD IN A PRESCRIPTION PILL BOTTLE , OF WHICH , I SMOKE TO HELP RELIEVE MY CHRONIC PAIN . I AM STILL GOING THROUGH THE ' COURT PROCESS ' , AND WILL PROBABLY END UP PAYING OUTRAGEOUS FINES . ( I ALREADY SPENT THE NIGHT IN THE COUNTY JAIL , FOR POSSESSION OF A SUSPENDED LICENSE , AND OPERATING A MOTOR VEHICLE WITH A SUSPENDED LICENSE , AND PAID A 310.00 FINE ALREADY ) . THE MEDICAL REVIEW BOARD SUSPENDED MY LICENSE WITH OUT NOTIFICATION . ( MY BAD , I DIDN'T CHANGE MY ADDRESS WHEN I MOVED ) . HOWEVER , THE RUMFORD POLICE DEPARTMENT WAS AT MY HOUSE A WEEK AND A HALF PRIOR TO MY ARREST , BECAUSE OF PROBLEMS WE WERE HAVING WITH OUR NEIGHBOR , AND RAN MY LICENSE THEN , AND DIDN'T TELL ME THEN THAT IT WAS SUSPENDED . THE SAME OFFICER THAT RAN MY LICENSE THAT NIGHT , OFFICER MILLER , WAS ALSO PRESENT AT THE ARREST ON 9/11/08 . THEY ALSO WROTE ME TICKETS FOR : NO INSPECTION STICKER , ( BECAUSE OF THE WINDSHIELD ), NO PROOF OF INSURANCE , ( WHICH WE HAD ) , DRIVING A DISABLED VEHICLE , ( NOT HAVING A STICKER ) , AND INCORRECT ADDRESS ON MY LICENSE ,( MY BAD , I DID CHANGE MY ADDRESS ON EVERYTHING ELSE , INCLUDING EVERY STATE , AND FEDERAL GOVERNMENT I'M LISTED WITH ) . AND , WROTE ME A TICKET FOR POSSESSION OF USABLE AMOUNT OF MARIJUANA , AND , SALE AND USE OF DRUG PARAPHERNALIA , ( ROACH CLIPS , AND THE PILL BOTTLE THE 3 JOINTS WERE IN ) .?????? . I ALREADY WENT TO COURT FOR THE LICENSE STUFF , MY COURT DATE FOR THE VEHICLE STUFF IS FEB. 3rd. , 1:00 pm , AND FEB. 9th. , AT 8:00 am FOR THE MARIJUANA STUFF . QUITE EXTREME , IF YOU ASK ME . IRNI-777 |