NYPD subway sodomy incident
Encyclopedia
The NYPD subway sodomy incident refers to the circumstances surrounding the October 15, 2008, arrest of Michael Mineo by New York City Police Department
(NYPD) officers. According to Mineo, the arresting police officers pinned him to the ground, while Richard Kern, one of the officers, pulled down Mineo's pants and sodomized
him with a police baton
. On December 9, 2008, the Brooklyn District Attorney indicted the three arresting officers and charged them with felonies. Richard Kern was charged with aggravated sexual abuse
in the first degree, assault in the first degree, and hindering prosecution. Two other officers, Andrew Morales and Alex Cruz, were charged with hindering prosecution and official misconduct. All three officers were tried and found not guilty of all charges.
section of Brooklyn, New York or in Dallas, Texas. He is Italian-Puerto Rican. Both of his parents died of drug overdoses when he was around eleven years old. He then moved in with his mother's parents, but they both died by the time he was fourteen. He then moved in with an aunt by marriage and her husband who lived in Lancaster, Pennsylvania
. Mineo was under indictment on felony assault charges stemming from an unrelated incident for which he was arrested on April 18, 2008. Mineo's defense for his indictment was a legal aid
attorney, but following the alleged incident on October 15 he hired a private attorney. In the fall of 2003, Mineo stole his friend's mother's credit cards and placed more than $6,000 on the card. During that time, he left for New York City; soon thereafter he was arrested on marijuana possession and was found to be carrying the stolen credit cards.
cleared him of wrongdoing and Kern says the excessive force claims were a "complete lie".
outside the BMT Brighton Line
station in Prospect Park
, located in the Lefferts Gardens
neighborhood of Brooklyn, New York. When approached by police officers, Mineo ran into the train station, jumped the turnstile
, but was caught and handcuffed near the token booth. According to the officers, they found no drugs on him, issued him a summons
for disorderly conduct
, and let him go. According to Mineo, after he was handcuffed and pinned down, Richard Kern pulled down his pants and shoved a police radio antenna into his anus
. Mineo later changed his version to a police baton
. On October 23, Mineo's attorneys announced the incident and noted that they planned to file a lawsuit against New York City on Mineo's behalf.
Speaking before a grand jury in November 2008, Transit Police officer Kevin Maloney testified that police officer Richard Kern jabbed Mineo's buttocks with a police baton, while other witnesses testified that Mineo's bare buttocks were visible and that they heard him screaming: "Don't shove a walkie [talkie] up my a--!" Mineo later praised the Transit Police officer who had testified on his behalf stating "I'm really happy he came out and said what he said. He must have felt bad." Maloney, 26, testified that he saw Kern, 25 resting his baton on Mineo's left buttock, and he saw half inch to an inch disappear from view. Michael Mineo was hospitalized two times with what sources described as "rectal tears" as a result of the assault.
with a broken broomstick after he was arrested. However, there are differences between the Louima and Mineo situations. Louima was black and his 1997 police attackers were white, whereas Mineo is described as white and Hispanic and the involved police officers are white, black and Hispanic. Louima had no criminal record at the time. He was assaulted in a bathroom in a police station house, whereas Mineo had been arrested several times prior to the alleged sodomy
in public near a subway information booth. Although both were purportedly victims of foreign objects inserted into the rectum through the anus, Louima's injuries were far more severe.
records, and retained equipment for DNA testing.
New York City Police Department
The New York City Police Department , established in 1845, is currently the largest municipal police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...
(NYPD) officers. According to Mineo, the arresting police officers pinned him to the ground, while Richard Kern, one of the officers, pulled down Mineo's pants and sodomized
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
him with a police baton
Baton (law enforcement)
A truncheon or baton is essentially a club of less than arm's length made of wood, plastic, or metal...
. On December 9, 2008, the Brooklyn District Attorney indicted the three arresting officers and charged them with felonies. Richard Kern was charged with aggravated sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
in the first degree, assault in the first degree, and hindering prosecution. Two other officers, Andrew Morales and Alex Cruz, were charged with hindering prosecution and official misconduct. All three officers were tried and found not guilty of all charges.
Michael Mineo
Michael Mineo was born c.1984 in either the FlatbushFlatbush, Brooklyn
Flatbush is a community of the Borough of Brooklyn, a part of New York City, consisting of several neighborhoods.The name Flatbush is an Anglicization of the Dutch language Vlacke bos ....
section of Brooklyn, New York or in Dallas, Texas. He is Italian-Puerto Rican. Both of his parents died of drug overdoses when he was around eleven years old. He then moved in with his mother's parents, but they both died by the time he was fourteen. He then moved in with an aunt by marriage and her husband who lived in Lancaster, Pennsylvania
Lancaster, Pennsylvania
Lancaster is a city in the south-central part of the Commonwealth of Pennsylvania. It is the county seat of Lancaster County and one of the older inland cities in the United States, . With a population of 59,322, it ranks eighth in population among Pennsylvania's cities...
. Mineo was under indictment on felony assault charges stemming from an unrelated incident for which he was arrested on April 18, 2008. Mineo's defense for his indictment was a legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
attorney, but following the alleged incident on October 15 he hired a private attorney. In the fall of 2003, Mineo stole his friend's mother's credit cards and placed more than $6,000 on the card. During that time, he left for New York City; soon thereafter he was arrested on marijuana possession and was found to be carrying the stolen credit cards.
Richard Kern
In 2007, New York City paid out $50,000 to settle two excessive force lawsuits filed against Richard Kern. However, the Civilian Complaint Review BoardCivilian Complaint Review Board
The Civilian Complaint Review Board is an all-civilian board tasked with investigating civil complaints about alleged misconduct on the part of the New York Police Department.- History :...
cleared him of wrongdoing and Kern says the excessive force claims were a "complete lie".
Incident
On October 15, 2008, Michael Mineo was allegedly smoking a marijuana jointJoint (cannabis)
Joint is a slang term for a cigarette rolled using cannabis. Rolling papers are the most common rolling medium among industrialized countries, however brown paper, cigarettes with the tobacco removed, and newspaper are commonly used in developing countries. Modern papers are now made from a wide...
outside the BMT Brighton Line
BMT Brighton Line
The BMT Brighton Line is a rapid transit line of the B Division of the New York City Subway in Brooklyn, New York City, United States. Local service is provided at all times by the Q train. The Q is joined by the B express train on weekdays...
station in Prospect Park
Prospect Park (BMT Brighton Line)
Prospect Park is an express station on the BMT Brighton Line of the New York City Subway. Located at Empire Boulevard and Flatbush Avenue in Flatbush, Brooklyn, near the border of Crown Heights, Brooklyn, it is served by the Q and Franklin Avenue Shuttle trains at all times and the B train on...
, located in the Lefferts Gardens
Prospect-Lefferts Gardens, Brooklyn
Prospect Lefferts Gardens is a residential neighborhood in Flatbush in the New York City borough of Brooklyn. The area is bounded by Empire Boulevard to the north, Clarkson Avenue to the south, New York Avenue to the east, and Ocean Avenue/Prospect Park to the west.Prospect Lefferts Gardens is...
neighborhood of Brooklyn, New York. When approached by police officers, Mineo ran into the train station, jumped the turnstile
Turnstile
A turnstile, also called a baffle gate, is a form of gate which allows one person to pass at a time. It can also be made so as to enforce one-way traffic of people, and in addition, it can restrict passage only to people who insert a coin, a ticket, a pass, or similar...
, but was caught and handcuffed near the token booth. According to the officers, they found no drugs on him, issued him a summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
for disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
, and let him go. According to Mineo, after he was handcuffed and pinned down, Richard Kern pulled down his pants and shoved a police radio antenna into his anus
Anus
The anus is an opening at the opposite end of an animal's digestive tract from the mouth. Its function is to control the expulsion of feces, unwanted semi-solid matter produced during digestion, which, depending on the type of animal, may be one or more of: matter which the animal cannot digest,...
. Mineo later changed his version to a police baton
Baton (law enforcement)
A truncheon or baton is essentially a club of less than arm's length made of wood, plastic, or metal...
. On October 23, Mineo's attorneys announced the incident and noted that they planned to file a lawsuit against New York City on Mineo's behalf.
Speaking before a grand jury in November 2008, Transit Police officer Kevin Maloney testified that police officer Richard Kern jabbed Mineo's buttocks with a police baton, while other witnesses testified that Mineo's bare buttocks were visible and that they heard him screaming: "Don't shove a walkie [talkie] up my a--!" Mineo later praised the Transit Police officer who had testified on his behalf stating "I'm really happy he came out and said what he said. He must have felt bad." Maloney, 26, testified that he saw Kern, 25 resting his baton on Mineo's left buttock, and he saw half inch to an inch disappear from view. Michael Mineo was hospitalized two times with what sources described as "rectal tears" as a result of the assault.
Parallels to Abner Louima
This case has drawn parallels to a similar set of circumstances that took place in August 1997, in which NYPD officers assaulted and forcibly sodomized Abner LouimaAbner Louima
Abner Louima is a Haitian who was assaulted, brutalized and forcibly sodomized with the handle of a bathroom plunger by New York City police officers after being arrested outside a Brooklyn nightclub in 1997....
with a broken broomstick after he was arrested. However, there are differences between the Louima and Mineo situations. Louima was black and his 1997 police attackers were white, whereas Mineo is described as white and Hispanic and the involved police officers are white, black and Hispanic. Louima had no criminal record at the time. He was assaulted in a bathroom in a police station house, whereas Mineo had been arrested several times prior to the alleged sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
in public near a subway information booth. Although both were purportedly victims of foreign objects inserted into the rectum through the anus, Louima's injuries were far more severe.
Criticism of NYPD
The NYPD was criticized for not taking Mineo's claims seriously. The accused officers were kept on regular patrol duty for two and half weeks after the incident. The police maintain that they aggressively located records, reviewed hours of videotape, examined MetroCardMetroCard
The MetroCard is the payment method for the New York City Subway rapid transit system; New York City Transit buses, including routes operated by Atlantic Express under contract to the Metropolitan Transportation Authority ; MTA Bus, and MTA Long Island Bus systems; the PATH subway system; the...
records, and retained equipment for DNA testing.