PBA Caught in Between On Cop Sodomy Charge; Reps Accused and Key Witnesses

When a Brooklyn grand jury indicted three police officers in connection with the alleged assault and sodomy of a 24-year-old man at a subway station in October, Patrolmen's Benevolent Association President Patrick J. Lynch found himself caught in the middle.

PATRICK J. LYNCH: Union in uncomfortable spot.

In such circumstances, usually a union leader would offer an impassioned defense of his members unless there was overwhelming evidence of their guilt. In this case, however, Mr. Lynch was virtually compelled to be more restrained because the principal witnesses against the three cops are two other officers whom he represents.

A Break in the Ranks

As a result, Mr. Lynch's statement did not take sides in what has loomed as a wrenching break in the ranks since it became known that Police Officer Kevin Maloney, who is assigned to the Transit Bureau, had given the Brooklyn District Attorney's Office an account of the incident that supported key parts of the claim by Michael Mineo that he was held down by two of the accused officers while a third one sodomized him, allegedly with a police baton.

CHARLES J. HYNES: Found evidence to support charges.

Another officer, Noel Jugraj, who like the three indicted men is from the 71st Precinct, also reportedly cooperated with the District Attorney and testified against his colleagues at the grand jury.

In a statement issued after the indictments were unsealed Dec. 9, Mr. Lynch said, "An indictment is nothing more than an accusation and police enjoy the same presumption of innocence as everyone else. Police do a tough and dangerous job every day and we have earned the benefit of the doubt with our blood and sacrifice. No one should come to any conclusion before all the evidence is heard."

Mr. Mineo was reported to have been smoking pot when confronted by the officers from the 71st on Oct. 15, and according to the DA threw away the joint and ran, sparking a chase that led to his being tackled inside the Prospect Park Station on the B/Q line. Following the scuffle in which he was allegedly sodomized by Police Officer Richard Kern while being held down by at least two of the other cops, Mr. Mineo was released with a ticket for disorderly conduct. Brooklyn DA Charles J. Hynes told reporters he believed the wrong date was inserted on the ticket intentionally in the hope that the case would not go anywhere in the legal system.

Officer Kern, who is 25, was charged with aggravated sexual abuse and assault, and faces up to 25 years in prison if convicted. Officers Alex Cruz, 26, and Andrew Morales, 26, were charged with attempting to cover up the alleged attack.

"This is a tough case for [the PBA] politically because they can't say the Police Officers did no wrong," said a police source, alluding to the testimony given by two fellow officers against the accused. "[Mr. Lynch] can't say the cops are innocent, because politically, if it comes out they weren't, [union officials] look like fools."

An 'Ugly Case' for Union

He said it "definitely without a doubt makes it tougher" that the Transit Bureau officer was a member of the PBA because the union must support members on two sides of the courtroom. "This case is ugly," he said. "They're happy if this one goes away."

The Police Department has been criticized for allegedly not fully investigating the incident, but its chief spokesman, Paul J. Browne, released a statement following the indictments that said Internal Affairs probers had been on top of the case from the outset. "Contrary to some critics, the NYPD Internal Affairs Bureau, after locating two witnesses in close proximity to the incident who said they did not see the alleged sodomy, continued its aggressive investigation of the allegations," he said. "IAB located and interviewed additional witnesses, reviewed hours of videotape, secured officers' lockers and retained equipment for DNA and other testing, documented officers' whereabouts, located MetroCard 'swipe' records and identified users in the search for additional witnesses."

Commissioner Raymond W. Kelly supported Brooklyn DA Charles J. Hynes's call for an investigative grand jury, Mr. Browne said.

Supporting Evidence Came Later

The NYPD has been criticized for keeping the three Police Officers on active duty for 19 days after the incident, a move it justified by saying that civilian witnesses had contradicted Mr. Mineo's allegations. The two officers who testified against their colleagues before the grand jury did not step forward immediately. The cops who were eventually indicted were placed on desk duty Nov. 3, a week after the grand jury against them was impaneled.

Mayor Bloomberg declined to talk specifics of the case but said at a press conference on the day of the indictment, "The allegation is deeply disturbing. We certainly have to reserve judgment until the case is over, but make no mistake about we have no tolerance for police misconduct, just like we have no tolerance for hate crimes."