Metro

Rikers correction officer charged with assault was set up: lawyer

The lawyer for a Rikers Island correction officer accused of beating inmates says the charges against his client should be tossed because one inmate told investigators that the guard was set up — and prosecutors didn’t notify defense lawyers.

Correction Officer Timothy Munroe, 25, is accused of breaking one inmate’s nose Dec. 12, 2008 and punching another prisoner in January 2009. His lawyer, Ronald Kliegerman, appeared in Bronx Criminal Court today asking that the assault charges be dismissed, after reading a Dec. 15, 2008, statement from an inmate claiming other prisoners committed the first assault and then conspired to blame it on Munroe.

Kliegerman argued that prosecutors failed to turn over the information to the defense until July 2010 — five months after the witness had already been deported to San Salvador.

“Other inmates were told to say my client did it,” Kliegerman said.

Prosecutors said the witness was deported before Munroe was indicted and so they had no obligation to make him available. They also said Kliegerman did not address charges stemming from the second alleged beating.

Judge Stephen Barrett adjourned the case until March 18 and did not make an immediate decision on whether to dismiss charges.