Updated 02/16/2010 08:31 PM
Summations Underway In NYPD Subway Assault Trial
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Closing arguments began Tuesday in the trial of three police officers accused of attacking a Brooklyn man inside a subway station.
The defense presented its summation first, with the attorney for Officer Richard Kern saying that Michael Mineo's claim that Kern sodomized him with his police baton at the Prospect Park subway station in October 2008 is completely false.
Kern testified last week that he only used his baton to subdue Mineo.
"A thief is untrustworthy," said Kern's attorney John Patten referring to Mineo's criminal record. "A thief is dishonest. And he dismisses it, saying it's a youthful folly, something I did when I was younger. I submit today, ladies and gentlemen, he's still standing, he still has that untrustworthy streak in him."
"We hope the jury takes this case, deliberates this case on the facts," said Police Benevolent Association President Pat Lynch.
During the trial, medical experts for the prosecution said that an infection and pelvic abscess that Mineo suffered after the incident could have been caused by a police baton and that DNA on the baton could belong to Mineo.
The defense said the injuries instead stemmed from a pre-existing medical condition.
"We believe this jury gets that no amount of smoke and mirrors obfuscates the fact that these officers are guilty beyond a reasonable doubt," said Mineo's attorney Stephen Jackson.
Kern faces two counts of aggravated sexual abuse that could bring up to 25 years in prison.
Two other policemen, Officers Andrew Morales and Alex Cruz, are charged with covering up the alleged abuse.
Prosecutors will present their summations Wednesday before the case is given to the jury.