On October 15, 2008, Michael Mineo was arrested and allegedly sodomized by New York City Police Department (NYPD) officers in the Prospect Park subway station in Flatbush, Brooklyn, New York. According to Mineo, the arresting police officers pinned him to the ground, while Richard Kern, one of the officers, pulled down Mineo's pants and sodomized him with a police baton. On December 9, 2008, the Brooklyn District Attorney indicted the three arresting officers and charged them with felonies. Kern was charged with aggravated sexual abuse in the first degree, assault in the first degree, and hindering prosecution. Two other officers — Andrew Morales and Alex Cruz — were charged with hindering prosecution and official misconduct. All three officers were tried and found not guilty of all charge
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