Defense in cop abuse case portray accuser as scammer

Lawyers defending three police officers charged in a subway station baton sex attack case portrayed the accuser as a scam artist who made up the story to get money from the city.

In opening statements Thursday, defense lawyer John Patton said tattoo parlor employee Michael Mineo was not sodomized and there was no evidence to prove Mineo's statements that he was attacked with a police baton in 2008.

"Once you've seen Mr. Mineo, you'll find him a theatrical, posing type of individual who's going to make a claim," said Patton, who represents Officer Richard Kern.

Kern, who was 25 at the time, is charged with aggravated sexual abuse and assault. He is on trial with officers Alex Cruz and Andrew Morales, who are accused of covering up the attack. They are charged with hindering prosecution and official misconduct.

All three have pleaded not guilty. They have been suspended from the department and will be fired if they are convicted.

A fourth officer at the scene, Cruz's partner, has not been charged and was expected to testify for the prosecution.

Despite the seriousness of the charges, the case has not brought public outcry like other instances of alleged police abuse.

A few officers and Patrick Lynch, head of the patrolman's union, appeared in court yesterday, but there were no protests or demonstrations outside.

Assistant District Attorney Charles Guria said the confrontation began when the officers were called to a fast-food restaurant on a report of a stolen cell phone on the afternoon of Oct. 15, 2008, and saw Mineo, who was smoking pot, and a friend, he said.

"I don't care what kind of law Michael Mineo broke, there's no explanation, no excuse," Guria said in his opening statement.

Realizing he had been spotted, Mineo swallowed what was left of the joint and bolted for the subway, Guria said.

Most of the officers chased him across the street and down into the station, where he was eventually handcuffed. On the ground, his hands behind his back, Kern sodomized him with the baton while Cruz yelled insults at him, prosecutors said.