Tuesday, November 04, 2008

Four Brooklyn Officers Under Investigation on Modified Duty

The NYPD yesterday took away the guns and badges of the four Brooklyn police officers under investigation for allegedly beating and sodomizing a marijuana suspect on a subway platform near Prospect Park, police said yesterday.

Their assignment to modified duty that includes desk jobs is considered significant because the department had kept the officers, all from the 71st Precinct, on full duty since the suspect, Michael Mineo, 24, made his claim nearly three weeks ago.

Police had said two civilian witnesses told Internal Affairs investigators they did not see anyone violate Mineo.

In recent days, however, a fifth officer, who works in transit and is considered a witness in the case, has moved toward entering into a cooperation agreement with the Brooklyn attorney's office as it continues presenting evidence to an investigative grand jury.

Law enforcement sources briefed on the grand jury investigation say that officer, if he cooperates, will implicate the four others in at least a physical assault. The sources say that development prompted the NYPD to take action against the four.

Mineo, sources say, has identified Officer Alex Cruz as the one who sodomized him with a police radio, though DNA tests are being performed on Cruz's radio and baton.

Lawyers for Cruz and the other officers either couldn't be reached for comment, or said they had no comment.

Kevin Mosly, one of Mineo's lawyers, said yesterday the department's move is a sign it realizes the officers committed wrongdoing. "We felt that Michael had presented an extremely compelling case of a heinous crime," he said.

Mineo's lawyers had said the NYPD was sending the wrong message by not placing the officers on modified duty.

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