"A grand jury has indicted a NYPD cop accused of sodomizing a tattoo artist with a baton during a subway station arrest, police and legal sources said Saturday.
The grand jury concluded its work in the case against officer Richard Kern, 25, on Thursday, but the decision had not been communicated to any of the lawyers involved in the case, as of Saturday night.
Michael Mineo, 24, accused Kern of sodomizing him in October while two other officers held him down, after they caught him smoking marijuana outside the Prospect Park subway station.
The other officers involved - Noel Jugraj and Kevin Maloney - maintained their innocence.
"Based on what I know about what happened, I'm not surprised and I wouldn't be surprised if he (Kern) were the only officer" indicted, said Paul Martin, the lawyer for Maloney, the transit officer who broke the Blue Wall of silence and told grand jurors he saw Kern use the baton on Mineo.
"My client is a decorated officer who had absolutely nothing to do with this case," said Jugraj's lawyer, Edward Mandery. "I don't think he's going to be charged. I trust the District Attorney's office is investigating this properly."
Nothing to do with the case. As if standing there and watching someone being sodomized is legally considered to be nothing.
To serve and protect.
Unless of course there's a funny show going on featuring some junkie getting reamed. And you know damned well that if it happened once it happened plenty. Just that this time around there was a kink in the blue wall of silence and one of their own was too disgusted to remain silent.