Trial begins for NYC cops charged in sex attack

(AP) — 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.