Acquitted: Officer Richard Kern
A New York City police officer accused of raping a drug suspect in an underground station was yesterday acquitted.
Officer Richard Kern faced up to 25 years in prison if convicted of aggravated sexual abuse charges.
Colleagues Andrew Morales and Alex Cruz who were also acquitted of a cover-up - could have each been sentenced for four years on charges of hindering prosecution.
Defence attorneys spent weeks chipping away at the credibility ofthe accuser, a self-professed gang member who admitted to smokingmarijuana regularly.
Michael Mineo, 25, claimed he was assaultedin Prospect Park subway, Brooklyn, in October 2008 after three officerschased him for lighting a cannabis joint.
He alleged he was raped with a baton and hauled into a police car.
The officers tried to buy his silence by letting him go, even though there was a warrant out for his arrest, Mineo claimed.
He was hospitalised for days with a small non-penetrating wound, then returned for more medical care for an internal abscess.
However, the defence argued exaggerated the encounter and made up the assault to get a bigger payout from the city.
Kern, who was 25 at the time of the attack, testified that he pulled out his baton but never used it on the "squirming" Mineo.
False claim: Michael Mineo alleged he was assaulted in a Brooklyn subway
"I was holding his legs down on the ground so he couldn"t kick nobody," Kern said.
Jurors deliberated for three days before arriving at their decision.
The defendants" families sighed loudly and cried softly as the verdict was read out in Brooklyn Supreme Court.
After,Kern said: "I"m glad the system works. I knew coming in this I wasinnocent. I was going to stand up for my rights and prove my innocence."
He added he couldn"t wait to "get back on the street, do what I love... protect the people of Brooklyn."
Mineo,was not in the courtroom for the verdict. Outside he said: "Ifyou want to commit a murder, join the NYPD," referring to other caseswhere officers were tried and acquitted in shooting deaths.
He added that he feared for his safety, asking: "Who"s going to police the police?"
The jurors issued a written statement following the verdict saying they found reasonable doubt.
Forewoman Jamie Dove, said none of the jurors judged Mineo during the trial.
"No one was on sides, she said.
;Tous, it wasn"t about Michael Mineo versus officer Kern; we weredeliberating the prosecutor"s facts and evidence versus the defense"sfacts and evidence.
;We all made a point to keep an open mind andat no point during our deliberation was Mineo"s past, appearance orrecreational activities ever brought up.
Mineo has filed a285million civil lawsuit against the city. His attorney, StephenJackson, said the lawsuit would continue as planned and would beunaffected by the outcome of the criminal case.
They"re also planning to ask federal officials to investigate and want the U.S. Marshals Service to protect Mineo.
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