Updated 12/10/2008 12:07 AM
Officers Plead Not Guilty To Charges In Subway Attack
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Three New York City police officers pleaded not guilty Tuesday to charges in connection with an attack on a man inside a Brooklyn subway station two months ago.
Brooklyn District Attorney Charles Hynes announced Tuesday morning a 32-count indictment charging Officer Richard Kern, 25, with aggravated sexual assault in the first degree and assault, and Officers Alex Cruz, 26, and Andrew Morales, 26, with hindering prosecution and official misconduct.
All three were also charged with the misdemeanor of falsifying records in an attempted coverup.
Michael Mineo claims he was assaulted by officers at a Prospect Park subway station in October.
According to Hynes, several officers pinned down Mineo and handcuffed him before Kern assaulted him with a retractable baton, known as an asp. Hynes said about 20 witnesses came forward saying they heard the incident.
"Police Officer Kern took his retractable baton and shoved it into Mineo's anus resulting in an anal rectal tear," said Brooklyn District Attorney Charles Hynes.
Hynes said when Mineo showed the blood coming from his rectum, Kern allegedly threatened Mineo not to report the incident or he would be arrested. The district attorney also said that Mineo's DNA was found on Kern's baton.
"I relive this everyday... everyday," said Mineo in a Tuesday press conference. "Everyday, I wake up, I'm still in pain. I move my bowels, I'm in pain. I'm too young to be going through this. Nobody should go through this."
The indictment says that that the officers pursued Mineo after they suspected he was smoking marijuana outside the subway station.
Mineo was given a ticket for disorderly conduct, which was later deemed invalid.
Hynes applauded two transit officers and one officer from the 71st Precinct for coming forward. He also commended Police Commissioner Ray Kelly for his support in this investigation.
The officers, who are from the 71st Precinct, pleaded not guilty to those charges during Tuesday's arraignment.
If convicted, Kern could face 25 years in prison; the others could face a maximum of four years in prison.
Kern's attorney, John Patten, denies all of Hynes's allegations.
"Money is driving this case. They're looking for a pay day. That's fine, that's their job," said Patten. "But that doesn't necessarily mean my client did any of the charges that are set up against him here in this indictment."
In response to the indictment, the Patrolmen's Benevolent Association released the following statement:
"An indictment is nothing more than an accusation and police enjoy the same presumption of innocence as everyone else. Police do a tough and dangerous job everyday and we have earned the benefit of a doubt with our blood and sacrifice. No one should come to any conclusions before all the evidence is heard."
Kern posted bail, while Cruz and Morales were released on their own recognizance. All three are due back in court on March 5.
The city has previously settled lawsuits in a different case after an allegation of excessive force.
Kern's lawyer said the settlement did not include any admission of wrongdoing.