Suspend Rikers guard over slur, grope and kick: judge
A CITY CORRECTION officer groped an inmate’s genitals and repeatedly kicked him violently in the ankles during a patfrisk, a city administrative law judge ruled.
As a result, Correction Officer Michael Sinacore should be suspended without pay for 60 days, the judge, Kevin Casey, recommended Friday.
Sinacore, 33, also called inmate Justin Kuchma, 33 (photo inset), a derogatory term for homosexuals after the two got into a dispute near a Rikers Island recreation yard last May 29, Casey concluded.
“(Sinacore) did not simply call the complainant a f----t,” Casey ruled. “He did so while asking him whether he enjoyed being searched.”
“The insult was intended to humiliate the complainant regarding his sexuality,” Casey added. “It was more likely that such a remark would be made during an intrusive frisk of the inmate’s genital area than during a routine frisk.”
Sinacore denied all the charges during the three-day hearing at the Office of Administrative Trials and Hearings in March.
His legal defense cited an internal department review that concluded Sinacore used inappropriate language but engaged in no other wrongdoing. Casey essentially ignored that decision. “I did not attach much weight to that finding,” said Casey, noting the department investigator who conducted the review did not personally interview any of the inmate witnesses.
Instead, that investigator “merely reviewed documents” and listened to recordings of staff interviews, Casey said.
“(Sinacore) committed serious misconduct,” Casey ruled. “He used unjustified force and sexually abused an inmate in the presence of a supervisor, fellow officers and other inmates.”
The 20-page decision also pointed out Sinacore has a “troubling” disciplinary record.
A few months before the Kuchma incident, Sinacore agreed to give up 35 vacation days “for a domestic violence incident.” Additionally, in early 2017, Sinacore had 75 vacation days yanked and was put on probation for five years due to “four sets of charges spanning from 2013 to 2016 involving unbecoming conduct and false or misleading reporting regarding the use of force.”
Casey’s recommendation was forwarded to Correction Commissioner Cynthia Brann. She has yet to make a decision on the case.
“Any unprofessional or illegal behavior by a staff member is unacceptable, and staff can face a range of penalties up to and including termination,” said department spokesman Jason Kersten.