Updated 02/03/2010 05:54 PM
More DNA, Medical Evidence Add Weight To Police Assault Claims
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The prosecution in the trial of three police officers accused in an attack on a man in a Brooklyn subway station ended its case Wednesday with DNA and medical evidence, to try to show that the alleged victim had pelvic injuries and bloodstained underwear.
Sara Phillips, a DNA expert from the chief medical examiner's office, held up the boxers Michael Mineo was wearing the day he was allegedly assaulted and testified that the underwear had a hole in the seat and blood stains that most likely came from Mineo.
"The combination of DNA alleles on the boxer shorts deemed 2A would be found in approximately one in greater than one trillion people. The DNA from the boxer shorts deemed 2A matches to the DNA profile of Michael Mineo," said Phillips.
Officer Richard Kern is charged with sexual assault and abuse for allegedly sodomizing Mineo with a retractable police baton in the Prospect Park subway station. Officers Alex Cruz and Andrew Morales are charged with covering it up.
Phillips said she found DNA from three sources on Kern's retractable ASP baton, seen above, and that Mineo's DNA could possibly be on the baton. However, she could not say definitively whether Mineo's DNA was present.
"There was human blood present on the ASP," said Phillips.
The prosecution rested its case with testimony from a doctor who saw Mineo nine days after the alleged assault. He testified that Mineo had a pelvic abscess that had to be drained with a catheter.
When the defense asked the testifying surgeon whether the injury could have been self-inflicted, he replied that it would be too painful to do it.
The doctor also said that Mineo had no anal tears or lacerations when he saw him.
Another doctor, Dr. Sayed Ahmed of Brookdale Hospital, testified Tuesday that Michael Mineo's injuries were consistent with his claims that he was sodomized by a police baton.
Ahmed was the supervisor on duty when Mineo came in for treatment immediately after the October 2008 attack.
He said it was “highly unlikely” that Mineo could have inflicted the wounds on himself.
Cruz's lawyer says the doctor's testimony was not damaging to the officers.
"By bringing out the truth that he never examined him that there is a strong indication that there was a pre-existing infection in his system prior to the three hours before, I think it's clear to the jury that this was a witness who did not testify in the grand jury and who never even examined Mr. Mineo,” said Cruz’s attorney Stuart London.
A crime scene detective also took the stand Wednesday as the first defense witness.