‘Anal Assault’ Trial Begins: NYPD Officers Charged With Sodomizing Suspect With Baton

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

In opening statements Thursday, defense lawyer John Patton said former tattoo parlor employee Michael Mineo was not sodomized by a police baton and there was no evidence to prove Mineo’s statements that he was attacked with it 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. If convicted, Kern could face up to 25 years in prison; the others could face up to four years. They could also be fired from the department.

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 Thursday, but there were no protests or demonstrations outside.