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 on 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 on Oct. 15, 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 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.
   

Assistant District Attorney Charles Guria said a confrontation that began with officers spotting the tattooed Mineo smoking marijuana ended with a vicious attack.

“I don’t care what kind of law Michael Mineo broke, there’s no explanation, no excuse,” Guria told jurors.

The prosecutor said officers saw Mineo and a friend smoking pot
outside a fast-food restaurant. Realizing he had been spotted,
Mineo swallowed what was left of the joint and ran for the subway,
where he was attacked, Guria said.

Guria said Mineo’s DNA was found on Kern’s police baton, his
boxer shorts were ripped and he was admitted to the hospital with
injuries.

The Associated Press does not usually identify people alleging
sexual assault, but shortly after the attack Mineo’s lawyers issued
a news release naming him with his approval.

Mineo has filed a civil suit against the city for $220 million.

Those proceedings will come after the criminal case.

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