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Updated 02/04/2010 02:18 PM

Defense Presents Its Case In Alleged Subway Assault Case

By: NY1 News

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The defense presenting its case today in the trial of three police officers accused in an alleged assault on a Brooklyn subway platform.

Lawyers for the officer accused of sodomizing Michael Mineo are trying to prove that his injuries stemmed from a pre-existing medical condition. They are citing surveillance video of Mineo, pictured above, from after the incident, in which he appears to be walking normally.

The prosecution wrapped up its case yesterday after hearing from a surgeon that testified that Mineo had an infection and a pelvic abscess after the incident that could have been caused by a police baton.

A medical examiner who conducted DNA tests on the baton allegedly used in the attack testified that DNA on Officer Richard Kern's baton could belong to Michael Mineo.

Kern is charged with sexual assault and abuse in the alleged attack inside a Prospect Park subway station in October 2008.

Officers Alex Cruz and Andrew Morales are charged with covering it up.