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The defense argued Mineo exaggerated the encounter and made up the assault to get a bigger payday from the city. Mineo told jurors that he ran from the officers partly because he wasn't carrying identification. But defense attorneys produced a photograph of Kern, in uniform, looking at what appears to be an ID card that Mineo had handed to him. Doctors said Mineo's injuries were consistent with his claims, but defense doctors testified that Mineo could have had a pre-existing medical condition to explain the abscess, and that the officer's alleged actions would have made for severe, irrefutable injuries. The case had drawn some comparisons to that of Abner Louima, who was sodomized with a broomstick by an officer in a Brooklyn police station in 1997. But Kenneth Thompson, who prosecuted the case for the U.S. Attorney's office, said the medical evidence then was overwhelming
-- and that secured the guilty plea of Justin Volpe. He is serving 30 years. Brooklyn District Attorney Charles Hynes said Monday that he never questions jury verdicts. The Police Department initially questioned Mineo's account and allowed the officers to stay on duty. But the case gained momentum a few weeks afterward when his lawyers went public with his allegations. Two previous excessive force complaints made against Kern were found to be unsubstantiated, but the city settled with one accuser for $50,000. The Rev. Al Sharpton, who was not present during the trial, said afterward the verdict was "a travesty." "This jury was not able to consider that at least one of these policemen had been accused of using excessive force before," he said. "We will not live in a city in which the victim becomes examined." The officers remain on modified duty pending a departmental review. Morales, one of the officers acquitted of hindering prosecution, thanked his family for supporting him during the trial. "It was very hard sitting there listening to all the lies," Morales said. Cruz did not speak to reporters. Asked about his future plans, Kern said: "Hopefully get back on the street and do what I love to do: protect the people of Brooklyn."
[Associated
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