The lawyer for a US Customs agent
at Newark Airport said in court Tuesday that the actions were just “horseplay.”
The attorney for Michael Papagni, 33, argued in Newark federal court that prosecutors have not proved that his client’s conduct with colleagues in a conference room at the airport constitutes a crime.
“There’s no dispute there was physical contact, there was no assault,” attorney Joe Tacopina said during closing arguments.
“The government had to prove beyond a reasonable doubt that Michael unlawfully and intentionally attempted or threatened to physically injure.”
Tacopina added: “If you don’t find that — game over.”
The alleged abuse occurred in a second-floor conference room in Terminal C. Workers claimed multiple armed US Customs and Border Protection officers threw co-workers on what they called a “rape table” and groped them against their will.
The prosecution said Papagni’s conduct was much more serious than a simple prank.
“You know that these officers, these defendants were supposed to protect others,” Assistant US Attorney Rahul Agarwal said.
“You know they didn’t do that. They assaulted their own. It wasn’t a joke, it wasn’t horseplay. It wasn’t fun. It was a crime.”
Judge Katharine S. Hayden said the jury would start to deliberate on Wednesday.
