lucius
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Officer Richard Kern was charged by a Brooklyn grand jury...
"Mr. Hynes said that Officer Richard Kern was charged by a Brooklyn grand jury with aggravated sexual abuse in the first degree, assault in the first degree, and hindering an investigation, among other charges. A conviction on the most serious charge could result up to 25 years in prison."
Officer Richard Kern, right, arrived with his lawyer at the Brooklyn district attorney’s office early Tuesday morning. (Robert Stolarik for The New York Times)
December 9, 2008, 10:36 am
Brooklyn Prosecutor Details Case Against Officers
By Al Baker AND Jennifer 8. Lee
Updated, 11:30 a.m. | The Brooklyn district attorney, Charles J. Hynes, just concluded a news conference on the indictments of the officers charged in the Michael Mineo assault case. Mr. Hynes was flanked by a number of people from the district attorney’s office and the Police Department. Police Commissioner Raymond W. Kelly was not present because he had to attend a funeral, Mr. Hynes said.
Mr. Hynes said that Officer Richard Kern was charged by a Brooklyn grand jury with aggravated sexual abuse in the first degree, assault in the first degree, and hindering an investigation, among other charges. A conviction on the most serious charge could result up to 25 years in prison. Officers Andrew Morales and Alex Cruz were also charged with hindering the investigation, he said. The arraignments are scheduled to take place this afternoon.
Over the past six weeks, the grand jury had heard 20 witnesses and been presented with forensic evidence, Mr. Hynes said. There is no evidence that either Officer Morales or Officer Cruz assisted Officer Kern in the assault, but they are charged with helping cover up the attack, he said.
Giving details from the unsealed indictment, Mr. Hynes said Mr. Mineo was observed smoking a marijuana cigarette when he was spotted by two of the officers, who were sitting in an unmarked police car. He was stopped. “At that moment, Mineo ditched the marijuana cigarette,” Mr. Hynes said.
He said that Mr. Mineo fled into the subway system and jumped over the turnstile and onto the subway platform with the officers in pursuit. He then jumped back over the turnstiles. At that point, Mr. Hynes said, “He is intercepted and thrown to the ground.”
As Mr. Mineo lay face down near the token booth, Officer Kern took his retractable baton and “shoved it” up Mr. Mineo’s anus, Mr. Hynes said, and that “resulted in an anal rectal tear.”
Mr. Mineo screamed and showed blood on his hand from his injury, the district attorney said. “Mineo’s screams that he had been violated are heard by several civilian witnesses,” Mr. Hynes said.
Despite Mr. Mineo’s complaint about his injuries, Officer Kern issued him a summons for disorderly conduct, Mr. Hynes said. He said that Mr. Mineo was also warned by Officer Kern that if he were to reveal what had happened, he would be arrested and charged with a felony.
Mr. Hynes took questions from reporters for about 15 minutes. In his opening remarks, the district attorney had noted that he had investigated and prosecuted cases of police misconduct earlier in his career and he cited the effectiveness of the Mollen Commission, which was established in July 1992 by Mayor David N. Dinkins to investigate police corruption. He also singled out the absent police commissioner for praise.
The district attorney said that Mr. Kelly, then in his prior term as police commissioner under Mayor Dinkins, reacted swiftly to the Mollen recommendations.
“Internal affairs was revamped and a design was created, which in my considerable experience in this business, has effectively ended cyclical police misconduct,” he said.
Later police commissioners followed the Mollen protocol, Mr. Hynes said. “In a real sense, Police Commissioner Kelly’s commitment is one reason we can announce the action of the Kings County grand jury this morning,” he said.
The Police Department was initially accused of not taking Mr. Mineo’s accusations seriously. However, Paul J. Brown, a police spokesman, said in a statement that investigators had pursued the case aggressively. He said they reviewed hours of videotape, secured retained equipment from the officers’ lockers for DNA testing, documented officers’ whereabouts, and used MetroCard “swipe” records to identify users in the search for additional witnesses.
10:46 a.m. | As The Times reported earlier this morning, three city police officers surrendered in Brooklyn to face charges that they attacked a 24-year-old body-piercer in October. Prosecutors plan to discuss the case at a news conference scheduled for 11 a.m.
Their accuser, Michael Mineo, says he was beaten and sodomized with police equipment on a subway station platform at midday on Oct. 15.
One after another, the officers arrived in darkness this morning and walked into the offices of the Brooklyn district attorney’s office. In an indictment to be unsealed later, Officer Richard Kern is expected to face the most serious charges for his role in the Oct. 15 attack on Mr. Mineo at the Prospect Park subway station. Officers Alex Cruz and Andrew Morales are expected to face less serious charges.
The three officers, from the 71st Precinct, were among a group of five who encountered Mr. Mineo two months ago.
A nurse at a hospital reported the case to the police internal affairs unit, and the Brooklyn district attorney subsequently impaneled a special investigative grand jury hear evidence in the case.
Ann Farmer contributed reporting. An updated version of this article was prepared for Wednesday print editions, with further news developments
from here: http://cityroom.blogs.nytimes.com/2008/12/09/officers-surrender-in-assault-case/?partner=rss&emc=rss
He'll have fun in prison...don't think he will make it out.
"Mr. Hynes said that Officer Richard Kern was charged by a Brooklyn grand jury with aggravated sexual abuse in the first degree, assault in the first degree, and hindering an investigation, among other charges. A conviction on the most serious charge could result up to 25 years in prison."
Officer Richard Kern, right, arrived with his lawyer at the Brooklyn district attorney’s office early Tuesday morning. (Robert Stolarik for The New York Times)
December 9, 2008, 10:36 am
Brooklyn Prosecutor Details Case Against Officers
By Al Baker AND Jennifer 8. Lee
Updated, 11:30 a.m. | The Brooklyn district attorney, Charles J. Hynes, just concluded a news conference on the indictments of the officers charged in the Michael Mineo assault case. Mr. Hynes was flanked by a number of people from the district attorney’s office and the Police Department. Police Commissioner Raymond W. Kelly was not present because he had to attend a funeral, Mr. Hynes said.
Mr. Hynes said that Officer Richard Kern was charged by a Brooklyn grand jury with aggravated sexual abuse in the first degree, assault in the first degree, and hindering an investigation, among other charges. A conviction on the most serious charge could result up to 25 years in prison. Officers Andrew Morales and Alex Cruz were also charged with hindering the investigation, he said. The arraignments are scheduled to take place this afternoon.
Over the past six weeks, the grand jury had heard 20 witnesses and been presented with forensic evidence, Mr. Hynes said. There is no evidence that either Officer Morales or Officer Cruz assisted Officer Kern in the assault, but they are charged with helping cover up the attack, he said.
Giving details from the unsealed indictment, Mr. Hynes said Mr. Mineo was observed smoking a marijuana cigarette when he was spotted by two of the officers, who were sitting in an unmarked police car. He was stopped. “At that moment, Mineo ditched the marijuana cigarette,” Mr. Hynes said.
He said that Mr. Mineo fled into the subway system and jumped over the turnstile and onto the subway platform with the officers in pursuit. He then jumped back over the turnstiles. At that point, Mr. Hynes said, “He is intercepted and thrown to the ground.”
As Mr. Mineo lay face down near the token booth, Officer Kern took his retractable baton and “shoved it” up Mr. Mineo’s anus, Mr. Hynes said, and that “resulted in an anal rectal tear.”
Mr. Mineo screamed and showed blood on his hand from his injury, the district attorney said. “Mineo’s screams that he had been violated are heard by several civilian witnesses,” Mr. Hynes said.
Despite Mr. Mineo’s complaint about his injuries, Officer Kern issued him a summons for disorderly conduct, Mr. Hynes said. He said that Mr. Mineo was also warned by Officer Kern that if he were to reveal what had happened, he would be arrested and charged with a felony.
Mr. Hynes took questions from reporters for about 15 minutes. In his opening remarks, the district attorney had noted that he had investigated and prosecuted cases of police misconduct earlier in his career and he cited the effectiveness of the Mollen Commission, which was established in July 1992 by Mayor David N. Dinkins to investigate police corruption. He also singled out the absent police commissioner for praise.
The district attorney said that Mr. Kelly, then in his prior term as police commissioner under Mayor Dinkins, reacted swiftly to the Mollen recommendations.
“Internal affairs was revamped and a design was created, which in my considerable experience in this business, has effectively ended cyclical police misconduct,” he said.
Later police commissioners followed the Mollen protocol, Mr. Hynes said. “In a real sense, Police Commissioner Kelly’s commitment is one reason we can announce the action of the Kings County grand jury this morning,” he said.
The Police Department was initially accused of not taking Mr. Mineo’s accusations seriously. However, Paul J. Brown, a police spokesman, said in a statement that investigators had pursued the case aggressively. He said they reviewed hours of videotape, secured retained equipment from the officers’ lockers for DNA testing, documented officers’ whereabouts, and used MetroCard “swipe” records to identify users in the search for additional witnesses.
10:46 a.m. | As The Times reported earlier this morning, three city police officers surrendered in Brooklyn to face charges that they attacked a 24-year-old body-piercer in October. Prosecutors plan to discuss the case at a news conference scheduled for 11 a.m.
Their accuser, Michael Mineo, says he was beaten and sodomized with police equipment on a subway station platform at midday on Oct. 15.
One after another, the officers arrived in darkness this morning and walked into the offices of the Brooklyn district attorney’s office. In an indictment to be unsealed later, Officer Richard Kern is expected to face the most serious charges for his role in the Oct. 15 attack on Mr. Mineo at the Prospect Park subway station. Officers Alex Cruz and Andrew Morales are expected to face less serious charges.
The three officers, from the 71st Precinct, were among a group of five who encountered Mr. Mineo two months ago.
A nurse at a hospital reported the case to the police internal affairs unit, and the Brooklyn district attorney subsequently impaneled a special investigative grand jury hear evidence in the case.
Ann Farmer contributed reporting. An updated version of this article was prepared for Wednesday print editions, with further news developments
from here: http://cityroom.blogs.nytimes.com/2008/12/09/officers-surrender-in-assault-case/?partner=rss&emc=rss
He'll have fun in prison...don't think he will make it out.
